Farmers’ Rights Security Research In The Contracted Land Management Right Circulation

Under the conditions of market economy, the land as an important production material, its own need of the transfer to the efficient production methods. Proper circulation of rural land can promote the flow of land, labor, capital, technology and other factors of production in the agricultural operation, speed up the adjustment of agricultural structure, promote the process of modernization of agriculture, increase agricultural scale, prosper rural economic, increase farmers’ income, and play an important role in solving the "three rural" issues. Third Plenary Session of the Seventeenth Central Committee of the Communist Party of China had passed "The CPC Central Committee’s Decisions On several significant issues of promoting the rural reform and development", which called for the strengthening of land contract management rights circulation management and service, and improving the market of land contract management rights circulation. On the principle of voluntary compensation、and negotiation, the law allows farmers to carry out land subcontract, rent, exchange, transfer and cooperative.However, due to the lack of rural land property rights in China, the government and the village collective organization in the land circulation intervene too much, farmers’land right cannot be respected; Together with lacking of effective competition mechanism in the rural land circulation market, market mechanism is not sound, the price of land circulation can’t reflected the land’s use-value, farmers’ rights in land circulation are infringed frequently, and farmers’ legal rights are not secure. Based on this, this paper mainly contents:reasons of farmers ’rights erosion in rural land circulation; the process of farmers’rights erosion in rural land circulation; how to take measures to protect farmers’rights in rural land circulation.At present, domestic and foreign scholars have done some research on farmers ’rights and interests in rural land circulation, but foreign study did not analysis the reasons of farmers’ rights and interest erosion in depth. Their results suggested the real problems in rural land circulation, but lack of institutional reflection. While domestic scholars make some suggestions scattered and fragmented on farmers’right protection in some literatures. But they did not analyze the causes and process of the farmers’rights and interests erosion, so they make the recommendations lack of theoretical analysis and their conclusions are unscientific. Therefore, on the basis of domestic and foreign scholars’study this paper’s research object is farmers’ overall rights and interests in the land circulation; research content is contracted management of rural land circulation. We use qualitative and quantitative methods, macro and micro methods, analysis the reasons and process of farmer’s right erosion in rural land circulation, based on which we put forward some policy recommendations, and construct safeguard mechanism of farmers’rights protection in rural land circulation.The paper is divided into7chapters:1. Background and reason.2. Summary and Overview on Prior Research about Rural land circulation.3. Analyze the current status and problems of China’s rural land contracting right circulation.4. Firstly analyze current Chinese farmland property right system, reveals the existing farmland property rights in China is not clear, not stable and incomplete. Next, Analyzes the relationship between lack of rural land property rights and conversion price&transaction cost. Finally, using the general model of institutional change, derive the path selection for farmland property rights reform in our country, and put forward the direction and measures on farmland property rights reform.5. Through the analysis of the principal-agent relationship in current rural land circulation, shows the principle in the farmland circulation is not completely, the agent is unqualified, and incentive-restraint mechanism of contract is invalid. Then construct the analysis framework of the principal-agent relationship in rural land circulation, and put forward some specific methods and measures to solve the agent problems in rural land circulation.6. In order to show clearly the contest for interests in land circulation, this chapter construct game model to analyze the influence of the farmers’rights in multilateral interest game. In the process of game analysis, we use the principle of from simple to complex, gradually relax game hypothesis, approximate to the actual situation of rural land circulation, solved the game balance, and concluded ways for farmers’rights and interest protection in rural land circulation.7. Put forward the farmers’rights protection mechanisms in current land conversion in china, such as institutional guarantees, ego safeguard, market guarantees and administrative protection.