Research On The Rights And Interests Of Rural Collective Agricultural Land Circulation In Typical Agricultural Areas Of Hunan Province

Abstract:China is currently in a critical period of reform and opening up, with the continuous development of market economy, the rural society has undergone great changes. Land resources as the basic means of production in rural development, and the rational allocation of land resources is directly related to the development of rural economy and agricultural modernization construction. The system of agricultural management in China is "the two-tier management system that integrates unified with separate management on the basis of household contract management", although this system has a very significant advantages, but the problem of decentralized operation and small scale that the system brings is gradually emerged. And the contractual management right of rural land circulation to make up for the defects of this system in a certain extent. With the acceleration of urbanization and farmers increase China’s entry into the second and tertiary industries, the circulation of agricultural land has been unstoppable. The circulation of agricultural land is a process of redistribution of interests, and this process involves a wide range, not only including the relevant laws and regulations, but also involving the interests of the local governments, rural collective, transferees and transferors, intermediary agents. The farmer as the circulation of rural land in the process, due to the weak of their own, as well as the defects of the legal system at the present stage in China, leading to the legitimate rights and interests of farmers are susceptible to damage, so how to protect the legitimate rights and interests of farmers in the circulation of farmland become the key to solve the problem of rural land transfer.Based on the combination of rural land circulation and guarantee of rights and interests of peasants, this paper selects11villages as the Sample survey area on the empirical analysis the protection of the rights and interests of the rural land transfer process, the villages include Gaoqiao, Baojia, Daling, Lanzhi, Zaocun, Shiping, Feiyun, Pengjiaqiao, Xiaoyangkeng, Shucai and Chongshou. Through the investigation, the scale of agricultural land transfer in Hunan is expanding, the main circulation become more diversified, circulation form diverse; and there has some relationship between the farmers’ circulation willingness and farmers age, educational level and household income and other factors. Based on the research of present situation of protecting the rights and interests of farmers and the existing problems, combined with the factors of the existing land system, China’s relevant laws and government function analysis of damage to the interests of farmers of subjective and objective reasons; according to the cause of damage to the interests of farmers, put forward a clear land property rights, improve their own quality, improve the circulation of agricultural land law and social security system and a series of countermeasures, in order to safeguard the legitimate rights and interests of farmers in the circulation of rural land circulation, improve the enthusiasm of farmers, and increase the income of farmers by providing reference. This paper totally have3charts,10tables and66references.