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Research On Farmland Transfer Under The Current Land System

Posted on:2015-07-04Degree:MasterType:Thesis
Country:ChinaCandidate:H YuanFull Text:PDF
GTID:2296330467956393Subject:China's modern history
Abstract/Summary:PDF Full Text Request
After the Third Plenary Session of the Communist Party of China, in China’s rural area farmers operating was formally established as the main rural farmland which brought a revolutionary leap in rural economic development,food production,which basically solved the problem of food and clothing which plagued China for years, farmers’ income significantly increased, but with the further development of the productive forces, to achieve a comfortable standard of living of farmers which relies on less than1.5acres of farmland per capita is impossible. On the one hand, some farmers will go out of agriculture and engage in secondary and tertiary industries, On the other hand, other farmers will expand the scale of production in agriculture, making use of modern agricultural means of production, to achieve full employment in agriculture, and to make the economical profit because of the scale which was expanded. The Chinese farmers will steadily reach well-off standard of living in the future. In order to achieve this transformation, reconfiguring rural land resources is essential; therefore, research on reconfigure agricultural land resources is very important.Many experts and academics, national, provincial and grassroots related to the agricultural sector, the Party and the government officials have being exploring this disharmony cause in the countryside and making their own viewpoints from both theoretical and practical aspects. Some of them claim to guide land moderate scale of operations, accessing to agricultural scale benefits; Some advocate vigorously to develop small towns, and rural population must be reduced, so that farmers may leave the countryside and take part in the urban people’s life; Some advocate that the Party and the Government should vigorously develop non-agricultural industries, so that more farmers will participate in non-farm payrolls; some believe that more agricultural enterprises should be built, which built their own provincial fruit and vegetable base position; there’s proposition to develop agricultural cooperatives, which farmers will acquire more bargaining chance......But the above must run through the following three perspectives:First, the transfer of agricultural land must be realized, and the second, the interests of farmers must be protected, the third is to maintain national food security.Agricultural land transfer is the basis of the other two:Agricultural land transfer must be conducive to safeguard the interests of farmers; agricultural land transfer must be conducive to maintain national food security. In other words, In the process of the agricultural land transfer the interests of farmers can not be protected (even be damaged), national food security can not be defended,the agricultural land transfers are pseudo-circulation, and the original intention of the Agricultural Land Policy of the State and the Party is misunderstood or intentionally distorted.There are three kinds of theories about rural land system. They are the theory of Marxism about property rights, the theory of property rights of Costal chin, Nicodemus and North, who were the representatives of the Western and the theory of farmers’ rational hypothesis. With the help of these theories and the actual social surveys, I get the conclusion that of the various factors that affect the transfer of agricultural land of farmers,the most important factor is that the farmers have no property right, namely the rights of full enjoyment of the possession, use, income, disposition, which is the most fundamental factor affecting land transfer, especially the affection of the inertia of thinking that rural the land belong to the village collective or the township government in the periods of co-operative, collectivization and People’s commune up to30years, either the farmers or village collective would think that the collective village or the township government have the right of the disposition about the rural land despite " the Law of land Management of People’s Republic of China"," the Law of rural Land Contract of People’s Republic of China","the notice of land use right transfer from CPC Central Committee "," the management approach of rural land contracting right "" the implementation Regulations of People’s Republic of China land Management Law"," the notice on the implementation of<the farmers’ useful right transfer on rural land determined by CPC Central Committee on> from the Ministry of Agriculture" and other land-related legal documents which stipulate that collective village and township government should not interfere with a reasonable flow of farmers, but in reality the collective village and the township governments often interfere with a reasonable flow of farmers.the cause is that the system design:the village agricultural land belongs to the collective.Some would argue that the provisions of the law have stipulate that farmers has the right to transfer their land, farmers do not understand the law. But I want to ask if the civil people really understand all kinds of laws. The civil people are difficult to perform but the farmers must be able to perform first. Secondly, everyone knows that something belongs to someone who has the right to dispose, which is not the scope of the law, but the scope of ethics and the common sense. At last, with the help of the theories about rural land and the actual first-line investigation further, I will prove that it is correct that the design of farmland system of Resources Ownership of State Land belongs to the State; Property ownership of farmland belongs to farmers" from Professor Wen Rui is the fundamental measure which promotes the solution of rural land transfer althought it is also important that the household registration system must be changed;the off-farm employment opportunities must be raised and the social security must be improved.
Keywords/Search Tags:rural land transfer, the system of rural land, Resources Ownership of State Land, Property ownership of farmland
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