Research On Confirmation Of The Rural Land Rights

Rural confirmation of land rights,also known as the second land reform,opens a new chapter of new round rural reform on that people from all walks of life place high expectation. Confirmation of land rights is an inevitably demand of agricultural modernization and industrialization as China’s industrialization and urbanization enter into medium-term on the overall background of new-type urbanization. It is also a practical need to realize farmland large-scale management and speed up land circulation. The confirmation of land rights will specify the land ownership, enabling farmers to be authentically acknowledged of their lands. At the same time, confirmation of land rights are expected to activate the reconfiguration of rural lands and farmers can share land income. The accomplishment of confirmation of land rights will form a long-term and stable land contracting relationship,which will have far-reaching and substantial impact on farmers’ vital interests.Through field researches,the paper combs the experiences in pilot areas where confirmation of land right is carried out and the main obstacles in the course of work and draws basic conclusions as following:(1) the main problems of confirmation of farmland contracted operating right are:lack of intellectual property protection,leading to the violation of farmers’benefits; difficult to realize their property right; the development of agricultural modernization is contained; technical problems and problems of fund guarantee. Solutions include:perfect current legislative and regulatory rules to effectively ensure farmers’rights; effectively launch the work on registration of confirmation of land right according to relevant laws,making policies to really serve farmers and decentralizing to them; transform the basic operating mode of agriculture from extensive management style to intensive style and promote agricultural modernization; train and employ professional technical personnel to provide rational suggestions on all kinds of problems in the registration of confirmation of land right; set reasonable payments terms and payment proportion,strengthen supervision and allow the third-party institutions for inspection and acceptance. (2) The main problems of confirmation of homestead land use right are:the subject problem of confirmation of homestead land use right; the identification criteria of "household"; the problem of "one household with several houses"; the homestead land use right of non-agricultural population; over size problem of homestead; incomplete evidentiary materials of homestead and aboveground houses; the problem of relationship between confirmation and planning of homestead and houses. Solutions "mainly include:identify homestead land use right to be individual ownership of villager according to the regulations of confirmation of land right and civil laws; the identification criteria of "household" is their lineal consanguinity of villagers. And because the subject of homestead land use right is individual,the criteria can be adjusted and specified according to relevant civil rights; to build a system of use with compensation inside collective economic organizations so that over used phenomenon will retreat step by step,ensuring that homesteads can be fairly allocated and intelligently used. No matter before or after the promulgation of Land Management Law,homestead land use right of non-agricultural population should be guaranteed according to law and concrete circumstances; over size problem of homestead should be registered according to era background and relevant legislative and regulatory rules; from the point of respecting rural customs and historical situations and on the principle of identifying leniently and resolving historical contradictions to address the problem of incomplete evidentiary materials of confirmation and planning of homestead and aboveground houses.