Innovation Research On The Law And System Of Chinese Rural Land Transfer

In recent years, with the development of the living standards of human being, many people begin to pursue the improvement of the quality of life, and more and more people pay more attention to the agriculture and land, so that the demand for farmland is increased, which influence the development of rural economy; Workforce is transferred from rural to urban, land management rights is transferred significantly, development momentum of farmland can not stopped, agricultural productivity is increased, the distribution of the agricultural resources is optimized, the income of agriculture and farmers’ income are both increasing, promote the agricultural modernization and technological process. Along with urbanization and new rural community construction process, problems of rural land transfer market are also growing. In the existing land transfer, the government offside and absence phenomenon still exists, the transfer mechanism is not perfect, in the absence of legislation of farmland transfer, slow development of farmland changing market and the expansion of low degree of development restricts the flow, the rural security system is not sound, which indirectly restricts the rural land transfer. With the interests of farmers and rural land transfer about rural stability, so the need for the government role play in the land transfer market, foster new type of agricultural management, farmland changing system and innovation research, explore and perfect the laws and regulations, the basis of the rural land transfer to establish feasible farmers rights and interests protection mechanism, play a typical demonstration in the lead in order to ensure the effective of rural land transfer and the rapid development of rural economy and society.The first chapter describes the changes of the legal system of farmland transfer and the present situation, analyze the four stages of land transfer, the first stage: law prohibits, the second stage: Policy allow but law prohibits, the third stage: Policy and law cancel prohibits; the forth stage: law regulate the transfer of rural land, and through understanding the existing system, summarize and analyze the existing problems in the farmland changing market.The second part analyze the theoretical foundation of the legal system of farmland transfer, from the two aspects of equity theory, land rent theory and efficiency the existence of the legal system of farmland transfer and establish reliable theoretical basis for further development. Efficiency is the touchstone of judging whether a legal system is excellent, fair is also considered in the legal system and economic policy, people can not take the law and system which is lack of the efficiency, also can’t accept the economic system which is lack of fairness.The third part describe that the same problem of farmland transfer system exists in the United States, Britain, France, Japan and other advanced countries and Taiwan in order to explore that lessons from in the farmland changing market system we should be drawn and the problems should be paid attention.The fourth part describe from the three aspects on innovation of farmland transfer legal system. Based on the analysis of farmland transfer system in our government, discusses the due role of the government play in the farmland changing market status, and put forward to strengthen the construction of rural social security system; By analyzing the existing problems in the farmland changing market, look for the way to improve the farmland changing market status and the principal part of the path of the legal system; The legal system of the transfer of farmland in Taiwan is taken as the model, the farmland market transfer legal system in China was put forward.