Research Of Land Ticket Transaction System Based On The Protection Of Farmers’ Rights

The rapid development of industrialization and urbanization highlights the contradiction between supply and demand of urban and rural construction land, the coordination of urban and rural land allocation become an urgent matter. Land ticket transaction system is a new circulation system which was created during the implement of balancing urban and rural development strategy. Following "Use After Generating" principle, by the land reclamation, trade index produced, meanwhile the same amount of new urban construction land come out in the city, such an act would be in accord with the policy of keeping plow land demand-supply dynamic balance. Land ticket transaction system was implementing by the government from top to the bottom. This transaction system has a very important meaning to the strict protection of cultivated land, the efficient allocation of land resources, the realization of rural land market value and the promotion of coordinating urban and rural development. At the same time, the peasants’rights protection also exist some problems to be solved.Urban and rural construction linked to changes in policy and related regulations for the land ticket trade system to provide policy and legal background, Chongqing took the lead in establishing rural land exchange to carry out ticket trading system, created a new model of land circulation. Study of ticket transaction system production, operation and the existing problems in farmers’rights protection, and combined with the overseas research theory foundation, which is beneficial to the relief method to be put forward.Land ticket transaction system hook turnover index through the reclamation of rural collective construction land for urban and rural construction land.After the index listing, the city would increase an equivalent area of new urban construction land, its operation procedure including reclamation, acceptance, transaction and use of four links. Land ticket transaction system reflects the urban and rural construction land index abstraction, construction land use right securitization and rural collective construction land use rights asset-like characteristics. According the countryside homestead right of use, asset securitization and land development right theory, land ticket transaction system and farmers’ right protection established the logic connection.The diversification of legal relation subject, mainly include reclamation subject, acceptance subject, ticket assignor and the assignee. Rural collective construction land is an object source of the ticket transaction, the ticket reclamation right and income division, landing charge against right and mortgage right constitute the main land ticket transaction right, reclamation land. Sell tickets and make payment are ticket reclamation subject, assignor and the assignee’s obligation.At present, the land ticket transaction system is on trial in Chongqing and Chengdu. The aim of the transaction, transaction price protection mechanism and the control of transaction total amount are conducive to the protection of farmers’ rights, but the way to produce ticket, farmers’ participation, ticket income distribution mechanism setting and ticket usage mode exist some differences.Tickets transaction system covers a wide range, and farmers’ rights are closely linked, but some problems need to be solved urgently in farmers’ rights protection. Farmers’ legal right of reclamation subject status absence, reclamation enthusiasm overwhelmed and land reclamation rights by the government monopoly leads to farmers’ right of construction land reclamation lack of effective legal protection. Rent-seeking behavior caused the government pay excessive attention to the reclamation of cultivated land quantity, but the quality of cultivated land is ignored and this infringes upon farmers’ rights. Land ticket transaction index packed in an opaque way, has optional and maneuverability, In the process of ticket index packing transaction, farmer loses his discourse power and can not directly involves in the transaction. The current distribution patterns of land ticket transaction system cause some problems, such as income distortion, many chaos ticket revenue distribution subject, and unharmonious allocation proportion and relationships. Land value-added income is hard for farmers to possess, because of the occupying by the government. Local government try to seize more land nearby the city, then the right to use land of the owners whose land requisitioned transfers to reclamation farmers. The value generated in the process occupied by the government without any share for farmers.From farmers’ rights protection perspective, to develop related comprehensive measures that is conducive to the achievement of the ticket transaction system’s value. Firstly, establish legal safeguard mechanism for construction land reclamation right, determine the farmers’legal main body position in reclamation, raising farmers’enthusiasm for reclamation, open land reclamation market. Secondly, propose the reclamation of cultivated land quality acceptance supervision system, strictly link transaction index to the reclamation of cultivated land quality, and set up reclamation of cultivated land quality supervision mechanism. Thirdly, implement the land ticket standardized construction, change the packing way of index transaction, safe guard farmers’dealing right. The last one is to propose the ticket income distribution mechanism, clear ticket revenue distribution subject, make clear of the income allocation proportion, improve farmers’social security system of the participation to ticket transaction, and some other proposals.