Protection Of Farmers’ Land Property Rights Under The Background Of New Urbanization

The current China has entered the stage of accelerating urbanization, continue to promote the new urbanization is also regarded as a new engine of economic growth in china. In recent years, the Party Central Committee made a "major decision to speed up the process of urbanization, urban and rural development". However, China is a large agricultural country, the urban and rural land system and the two element structure exists,to a certain extent curing unbalanced pattern of urban and rural interests has been formed,restricted the development of integration of urban and rural, influence and even hinders the process of urbanization, land reform was one of the first former model when need be solved in the process of urbanization the problem of. The core of farmers’ land system is the problem of farmers land property rights. Although for many years, has always been a high-profile advocate and publicly that land for agriculture, rural areas and farmers China significance, however, because of the national macroscopic policy unsettled, and insufficient, safeguard farmer’s land property right law lax enforcement of the law, judicial injustice and other reasons, the protection of the farmers land property rights is still faced with many realistic problem. In this paper, the property of farmers’ land rights protection problems under the background of new urbanization are described, in addition to the preface is divided into four chapters.The first chapter outlines the farmers land property rights, this part of the land property rights concept, specific shows the external manifestation and the specific contents of land property rights, briefly combed the land property rights in the course of the evolution of China. Analysis of farmers land property right status for the following will be carried out, to provide the theoretical basis are clear, pave the way. This chapter is divided into three sections: the first section discusses the concept of land property rights, firstly as the object of property right of land, and then leads to farmers the main property rights--the concept of land property rights, essential attribute and discusses the farmers land property rights; the second section mainly discusses about the farmers in land, peasant landproperty rights of the content; the third section discusses after the founding of new China,evolution of farmers land property rights, analysis of China’s farmers in the different historical stage, the significance of land property rights, specifically divided into land reform to the agricultural cooperation, people’s commune system, the initial stage of the household contract responsibility system, land contract early responsibility system development period in four phases.The second chapter is the traditional poverty and problem of peasant land property rights. In this chapter, using the methods of historical analysis and empirical analysis, the traditional poverty and realistic problem analysis of farmers’ land property rights, is divided into two sections: predicament, farmers land property rights in China the first section discusses the traditional urbanization background corresponding to above, for a discussion of poverty farmers land property rights, discusses the civil power of land ownership based on detailed outline, protection China farmers right of possession, the land use right, usufruct and disposition right of defeat; the second section focuses on the background of the new era of innovation to adjust the pattern of urbanization based on model, attempts to explore the process of urbanization, in order to promote the land system reform, strengthen the protection of farmers property rights, practical problems need to be resolved, mainly has the farmer land ownership, housing and vacancy of peasant homestead circulation restricted, collective construction land of farmers into the city limits,land acquisition compensation standards unreasonable.The third chapter is the development and protection of farmers’ land property rights,model in the process of urbanization. This part mainly is the integration of new urbanization process of the system of land property rights, need development efforts and actively protect the peasants. Through the analysis and discussion before, we expect the reason can be learned in the course of urbanization of farmers land property rights into a corner, so as to construct a perfect solution for the problem and possible response system:the first section from the new urbanization development planning and land property rights in rural development direction, prospects on the protection of property rights the farmers’ land of the model in the process of urbanization; the second section proposes the protectionways of promoting farmers land property rights in the process of the new towns, farmers in the property rights protection put forward above face reality problems, from the legal consciousness, strengthening farmers’ as soon as possible to improve the relevant legislation, deepening the construction of service-oriented government, improve the land acquisition farmers by public force relief four aspects discusses.The fourth chapter is the conclusion, mainly on the part of summing up front, to reaffirm the significance of study on the subject.