The Study Of Farmers' Collective In The Circulation Of Right To The Contracted Management Of Land In China

Justice is the goal of the law.Justice requires attention to the survival and development needs of every body.The value of rural collective land ownership system is the manifestation of legal value goal in rural collective land system.Collective land ownership is within a certain range for the overall interests of all members,by all the members enjoying the ownership of land in the name of the collective or collective organization,and based on the interests of the collective members of the interests of the individual.The subject of collective land ownership is generally called the collective name of the peasants.Farmer collective is a group,paying attention to every member within the group on the guarantee of the basic right to live.As the farmers' production and living materials,land is the guarantee of farmers' basic right to live.China's rural land contracting and management right is the product of household contracting responsibility system,playing the role of employment and survival,the concrete embodiment of farmers' right to survival and development.As the farmer survival problem having been solved and the rural economy,social structure changing,The subcontracting to the household caused the land to be finely ground,leading to many negative effects.The current rural land use of fragmentation do not conform to the modern agricultural management concept.Marxist classic writer thinks the scale and industrialization of agricultural land can realize agricultural modernization.China's rural land contracting and management right circulation can solve this problem,and then promote the scale management of farmland.Current flow process accelerates over the whole,but there is some bad phenomenon.The circulation proportion is not high;Flow in the proportion of non-agricultural becomes bigger and bigger,endangering the safety of the food supply.There is no reasonable planning in the circulation of local government and villagers' committee,violating the rights and interests of farmers.Mostly importantly,the circulation did not solve the problem of farming.In this paper,we study the collective problems in circulation,explore the value targets and functions of the collective and the protection mechanism of farmers collective in collective by researching the difficulties of the collective and the negative impact on circulation.Rural land system has experienced from all private land to rural collective land ownership,farmers' collective organization of the advanced agricultural production cooperatives to peoples commune system with political and social unity to the collective land ownership,under the basis of household contract basis,two-tie management system with the combination of unifying and separation.Prior to the cancellation of the people' commune,the peasants collective had the form of an entity.The state focuses on the role of collective and unified management in agricultural production.But after the cancellation of the people's commune,the peasants are no longer in the form of entity organization.The law provides for the collective management and the exercise of the subject.The state strengthens rural land contracting and management right and disregard collective land ownership,leading to negative impact on the circulation.The current farmers' collective dilemma in rural land contracting and management right circulation and its negative impact on circulation mainly embodied in the following respects:Rural land owners and managers are different,and there are conflicts of interests between two parties.The villagers' committee is "similar administrative organization",rural elites intervened the circulation and distorted pricing mechanism.Individual farmers lack the organization to protect their rights and interests;Farmers have no member rights,no interests relationship with farmers' collective,leading to lack of farmers' collective identity,they are indifferent to abnormal rural land circulation,the circulation is fragmented and cannot be managed in scale.;There are rights and interests distribution imbalance among farmer's collective,farmer and actual cultivator party;The farmers' collective ownership power is imperfect,lack of integration of rural land,unable to guide,supervise and serve for rural land contracting and management right circulation,unable to provide the social service system required for the circulation,which leads to high proportion of non-agricultural in circulation and endangers national food security.Based on the analysis of farmer's collective predicament in the circulation and transfer reaction,the article comes to the conclusion concluding farmers' collective value pursuit and function in the circulation.The value pursuit of farmers' collective in rural land circulation is fairness and efficiency.The function is reflected in the following aspects:protecting the farmers' rights and interests from being violated;Safeguarding national food security and maintaining social substantial justice.We must emphasize farmers' collective influence in the integration of farmland resources and construct the protection mechanism of farmers' collective in circulation to promote circulation.