Major Conflicts Of Interests During Urbanization Of China And Relevant Legal Solution

In the era of urbanization, the price of properties, mainly the land plots, in ruralareas are experiencing drastic increase, the title of which are urgently in need of legalprotection. However, in comparison to the complete legal right protection systemsymbolized as the market economic legal system in urban areas, the legal system inrural areas symbolized as autonomy of villagers and collective ownership is notsufficient to provide comprehensive protection mechanism.The configuration of the subject of collective land ownership and functions ofthe ownership under current legal system, on the one hand, leads to emptification ofthe subject of rural collective land ownership, and, on the other hand, causeineffective protection of ownership interests due to incompleteness of the contents ofthe collective land ownership. Since the government monopolizes the primary landtransfer market, it can acquire rural land by expropriation at low price in the name ofpublic interest without restriction of legal system. Due to incompleteness ofvillagers’ autonomy system, the villagers’ autonomous organization, as themanager of rural properties and representative of rural interests, has gradually becomean executor of local administration, an awkward role. Village officials face all kindsof practical temptations when organizing rural production and construction. Theeffective legal system puts the village officials out of legal supervision and sanction,which increases the possibilities of corruption and severely injures the interests ofvillagers.Without strong protection of legal system and judicial remedies, the peasantsduring urbanization process tend to confront with the government and villagers’autonomous organization instead of protecting rights via legal means, whichaggravates the conflicts of interests in rural areas and makes stabilization of ruralsociety exceptionally difficult.Given the status of conflict of interests in rural areas, the author suggests thatlegalization of rural society should be granted great importance. The legal systemrelated to rural society should be substantially reviewed according to the problems popping up during the urbanization process to effectively protect interests of peasantsand proper social order in rural society in parallel with the speedy economicdevelopment in the rural areas.