The Studies Of Farmers’ Land Rights And Interests During The Social Transformation Period

With the deepening of China’s socialist reform, our country has entered a period of social transformation. During this period, with the speeding up of urbanization and the urban scale expanding unceasingly, accordingly, the interests of the rural land is widening too. In result, as one member of farmland ownership of farmers, of course, enjoy these benefits. Based on identity, farmers obtained the relevant rights and interests of rural land. Within the framework of the current legal system in our country, farmers’ land rights and interests of the individual state itself is not very clear. Due to rapid economic development in our country, during the period of social transformation and social development with each passing day, the rural social security function of soil formation of farmers’ rights and interests of members are also constantly changing. On the big background that Collective economic organizations and social security function of administrative power weakening of degradation, the household registration system and urbanization process accelerated back drop, farmers in the rural areas and those between urban and rural flows is very frequent. Identity under the condition of frequent changes in farmers, rural China originally formed relatively stable all the rights and obligations relationship faces frequent change and destroy, land of immovability and peasant identity can be volatility generated irreconcilable contradictions, farmers’ land rights and interests of the individual state is more ambiguous. In this process, due to the unknown state of farmers’ land rights and interests of the individual generates a lot of disputes. So, in this article, the author intends to study source of farmers’ land rights and rights, status, and the farmers obtain land rights and interests during the period of social transformation background which have changed circumstances, peasant status changes in the process of land rights and interests of individuals, and accordingly puts forward some solution for solving farmers’ land rights and interests of individuals in practice with status unclear. Full-text is divided into three parts.The first part mainly focus on reviewing farmers’ land rights in our country.First to analyze the connotation of equity and farmers’ land rights and interests, and then to our country farmers’ land rights and interests of generalizes the theoretical basis, the analysis of farmers’ land rights and interests from farmland social security theory, the two power separation theory and protect private property theory. Finally summarized the scholars in China to solve farmers’ land rights and interests of the state of unknown two paths, and the two paths are discussed, put forward in this paper, the unique Angle of view, this article is not to study how to protect existing rights, but to study the current rights exist or not. The second part focuses on analyzing the forming of farmers’ land rights in our country, and the current state of peasant land rights and interests of unknown internal reason. We can see from the path of the farmers’ land rights and interests formed, it is based on the security function of land, farmers with a series of land rights and interests. However under the current law system, farmers’ land rights and interests of individual status is unknown, its reason mainly includes the new rural population and the conflicts of rights between the original population, individual farmers and farmers’ collective land rights and interests conflicts between the farmers’ land rights and interests of the conflict between the individual and family.The third part analyzes the period of social transformation of farmers’ land rights and interests of individuals. First of all, the paper analyzes the connotation and the characteristic during the period of social transformation, as well as its influence on the individual farmers, including the farmers of the rule of law consciousness enhancement, rights consciousness enhancement, and strengthens liquidity, parochialism weakening, etc. Under this background, the author analyzes the new rural population, rural areas and rural change between farmers and changes between rural and urban farmers in the process of change of the land rights and interests of the concrete. Farmers on the analysis of the specific individual rights and interests, the author puts forward the solving farmers’ land rights and interests of individual state of unknown path is to establish standard of collective economic organizations membership and to establish relevant system solved the problem of farmers’ land rights and interests of the internal structure.