Research On The Capitalization Of Rural Land And The Protection Mechanism Of Land Right Of Peasantry

Since 2008, Hubei provincial government has proposed the reform and innovation of rural land running mechanism in order to overcome the binary structure of urban and rural areas and to promote coordinated development between urban and rural areas. Based on the active, orderly and practical priciple, the government has advanced the innovation of farmland scale management mechanism by the land conversion and capitalizing. With the rapid development of the land conversion scal management, Hubei province has formed various forms of land scal management and useful experience on how to invigorate the use and management of rural land. Therefore, a large number of advanced typical models of the conversion and capitalization of the land are generated. On the basis of rural comprehensive assets and equity exchange in Wuhan, Hubei province has formed land property exchange market system,establised the policy of mortgage financing of three rights of the land, promoted the reform of the rural collective land property system and achived resource capitalization.It holds great significance for Conversion and capitalization of land in rural areas to solve the deep-seated three agriculture-related issues in China, promote rural and urban integration and new socialist countryside,and especially safeguard peasants and rural collective land property rights, which contributes to stabilizing and improving rural basic management system, leading social capital to agriculture, and promoting the construction of new socialism countryside and rural and urban integration. The farmland conversion and capitalizing has considerable significance on constructing the mechanism of rights and intrests protection of the land.Creative as the land management mechanism of Hubei province is, while conversion and capitalization of the land has made great progress, the development of the capitalization of the land still remains in early stage, lots of feilds just begin. There is a wide gap between Hubei province and adjacent provinces or cities. Especially meachnism of protection of the farmers’ land rights and interests has not established,which leads to a series of comparitively severe problems. There exsits a series of problems in terms of unified and standardized land conversion and capitalization and fully functional market system of land trading.The large scale management of farmland staganates and exsits considerable risks.There prominet conflicts between land expropriation and the protection of rights and intrests of farmland. In terms of use of farmland, specific and effecitive measures of invigorating land management, safeguarding revenue maximization of collective and induvidual land are absent. The land profits are distributed unequally. Reasonable distribution and compesation mechanisms which is in favor of farmers and village collective land profits are lacked.Farmers and village collective are not entitled with the ability and chance of profit games during the process of land conversion, land expropriation and realization of land rights.There are piles of restrictive factors in the process of development of rural landmortgage financing, including law technical factor.Promoting farmland capitalization is the only way to establish a sound system to safeguard the rights and interests of farmers’ land. In terms of the situation of Hubei province, we should deepen the reform of mechanism of farmland capitalization, expand its function, and establish comparitively reasonable perfect safeguard mechanism of farmers’ land rights and interests. Suggestions are as follows. Based on land stock cooperative system, each village commmunity(central village or central town) as a unit, collective ownership of rural land should be reformed; rural land contract rights system is bound to be improved;the government should establish urban-rural integration system of trading market of farmland assets centered on Wuhan rural property rights exchange, innovate the mechanism of farmland large-scal management,enlive operation and use of the land,establish fair and reasonable mechanism of distribution and compensation of rural land profits, ensure various of economic resources to be invested in and focus on the area of agriculture, farmers and rural areas, explore the reform of farmland acqusition system, improve the capacity of safeguarding rights and interests of farmers’ land, form and improve mechanism of guarantee system of mortgage finance of three rights of rural land.