Study On The System Defect Of The Farmers’ Land Rights And Interests In China

Land is the most basic and irreplaceable material of the agricultural production, is the most basic protection of the farmer livelihood, but also the material basis for human existence and development indispensable. However, due to the urban and rural dual land proprietary structure found only in China, farmers’ land rights and interests are not adequately protected. The Chinese farmers have been losing their rights and interest has been an indisputable fact. Land rights and interests are the fundamental guarantee of the rights and interests of farmers. Thus, the cultivation of mechanism ensuring farmers’ land rights and interests, through which encroachments on farmers’ land rights and interests can be effectively minimized, becomes a real need in the process of china’s economic and social development.The author believes that rural land system defect under the dual structure of system is the root cause of the loss of farmers’ land rights and interests. Effectively protect the farmers’ land rights and interests, is conducive to the consolidation of the dominant position of the farmers, boost domestic demand and agricultural output stability and food security, but also the objective requirement of social justice. Since the founding of new China, in our land rights of farmers Institutional Change and former Territory diachronic drawn comb, Whether in the process of current land expropriation or the right of land transference, farmers’ land rights and interests lack seriously. The rooted reason lies in the existence of collective land ownership property rights arrangement is not scientific, land expropriation system is not reasonable, collective land expropriation procedure is not standard, the right of land transfer system is unreasonable. Effectively protect farmers’ land rights and interests, we should reform the existing rural collective land ownership, land expropriation and land transfer and other related systems. Based on the basic system of agricultural land under the current conditions, the road of long-term reform, the new rural construction, get rid of " the urban and rural dual land proprietary structure" to harm the rights and interests of farmers’ land. In the future changes in land system, must be clear, fair and reflects the interest in the land of farmers,make the farmer fair sharing the results of modernization, rural areas continue to be the backbone to promote industrialization and urbanization.