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Research On The Risk Prevention System Of Land Contract Right Exit

Posted on:2018-05-11Degree:MasterType:Thesis
Country:ChinaCandidate:M Y ZhangFull Text:PDF
GTID:2346330518477174Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the acceleration of urbanization process, the phenomenon of the loss of rural labor force is becoming more and more common, which leads to the decline of traditional rural labor and the waste of land resources. In order to improve the utilization efficiency of land resources in rural areas, the government encourages farmers to transfer land through various forms, but the effect is not obvious, the rural land abandonment phenomenon has not been effectively resolved. Simply rely on the land transfer is not enough to solve the problem of idle land in rural areas. Therefore, the government actively explore the establishment of land contract rights exit mechanism to encourage qualified farmers voluntary exit. Land is an important guarantee for the survival of farmers, so that farmers withdraw from the land into the city, farmers will face many unstable factors. In order to avoid the risk of farmers to give up the right to land contract, so that farmers feel at ease to retreat into the city, it is necessary to build the right to withdraw from the land contract risk prevention system.Based on the background of the land reform of the "three powers", this paper analyzes the possible risks and the reasons of the risk of the farmers' withdrawal from the land contract right. Through the study of the defects of land contract right exit risk prevention measures, this paper discusses the construction of the risk prevention system of land contract right exit risk.The first part is the definition of the land contract right exit. Firstly the definition of land contracting right refers to farmers as members of the rural collective economic organizations have contracted collective land rights,which belongs to a part of the rural collective economic organization members rights, identity. On this basis that the land contract right exit is voluntary and paid up the contracted farmers collective land rights,and the land returned to the collective economic organizations, and their children will no longer enjoy the collective land contracting rights.The second part is the risk and causes of land contract right exit. From the perspective of protecting the interests of farmers, this part analyzes the risks of farmers'policy changes, unemployment and survival after they withdraw from the land contract rights. It is pointed out that the causes of these risks are mainly due to the lag of legislation, the imperfect social security system in rural areas and the unreasonable compensation mechanism of land withdrawal.The third part is the current situation and defects of land contract right exit risk prevention. In this part, based on the practice and exploration of the national comprehensive urban and rural comprehensive reform pilot area, this paper analyzes the main prevention system of land contract right exit risk. This is a good way to guard against risk, but there are some problems such as low exit compensation standards, lack of supporting system, and so on.The fourth part is the construction of the risk prevention system. In this part, the author analyzes the present situation of the compensation system of land contract right.The study found that, if we want to completely prevent farmers from the risk of land contract rights, in addition to improving the standard of compensation for farmers, but also to provide flexible multi compensation. And to provide social security for the peasants,medical care,employment and so on. At the same time,we should establish the supervision system to ensure the implementation of the policy.
Keywords/Search Tags:Land contract right, Exit, Risk-prevention
PDF Full Text Request
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