Research On Measures Of Protecting Farmer In Land Transfer

Land transfer is an effective way to innovate the land system in rural area. China is urging its reform on rural land system to better protect farmers’ rights, adding their income and strengthening the collective economy. The main ways include protecting farmers’rights of land contract and management and their rights to get distributions of collective income and nurturing new forms of land management subjective, and lifting the level of collectivism, socialization, professionalism and systematization of agricultural management. Maintaining and perfecting the basic rural management system is one of the economic institutions of China. Multiple ways to managing rural land should be achieved on the basics of respecting farmers’ wills and making compensations and finally to perfect the land transfer in rural areas. The report of the 18th conference of Party Central Committee, No 1 Central Document and the 12th five-year plan on economical and social development of the Xinjiang Uygur Autonomous Region all include contents of perfecting rural land management, developing different ways of management and making land transfer based on free will and compensations.This paper is to launch a study of land transfer in rural Kashi areas, find the flaws of land transfer by reviewing the formation of the system and analyzing the related laws and national policies. Also this paper picks up some suggestions on protecting peasant’s rights by analyzing the torts which appear in the process of land transfer.The paper constitutes five chapters.Chapter one describes generally the current situations of land transfer. This chapter first makes a simple analysis of content of land transfer and then describes five kinds of land transfer emanated by law respectively. Then this chapter describes the theories of land transfer such as land rent theory, land ownership theory and theory of change of institution. Then this chapter makes a deep analysis of rights from which farmers should benefit.Chapter two is the current situations of land transfer in Kashi. This chapter firstly simply gives a description of basic conditions and social& economic conditions in Kashi. Then this chapter describes the basic conditions and land transfer of eight township of Kashi such as population, scale of and from of land transfer, income and social guarantee of peasants whose lands are transferred. At last this chapter ends with a deep analysis of land transfer in rural Kashia areas.Chapter three tries to give the reason why rights of farmers are violated and conclude those reasons in 6 aspects. Inaccurate land ownership, lack of laws in relation to land transfer, misbehave of government, imperfect process of land transfer, lack of awareness of protecting themselves and lack of solid rural social guarantee are the main reasons with which the author explain why rights of farmers are violated.Chapter four mainly describes experiences of land transfer in foreigner countries. The chapter firstly describes the mode of land transfers in developed countries and compares the right of land development in the UK, the US and France. At the end of this chapter, the author gives an review of land transfers in these countries, analyzes the questions of the right of land development in china and picks up some insights those foreign countries could shed on china.Chapter five gives the author’s opinions on how to guarantee the rights of farmers and makes suggestions to protecting the farmers in land transfers. More accurate land ownership institution, complete law, definite role f government, perfecting the process of land transfer, lifting the awareness of protecting peasants themselves and solidifying the social guarantee are the suggestions picked up by the author which are also deeply analyzed.