Research On Related Questions Of Farmland Contract Right Withdrawal

Over the past 30 years since the Reform and Opening-Up,China's economic construction has scored remarkable achievements.China is in the period of rapid development of urbanization,modernization and industrialization.However,in the process of urbanization,rural areas have not developed in tandem with the cities.The gap between Chinese cities and rural areas is widening,and the "Three Rural Issues" is becoming more and more prominent.With the loss of rural labor force,the inefficient transfer of farmland and the abandoned farmland,these phenomena have become more and more serious with the urbanization process.The withdrawal of farmland contract right is the key way to solve the problem of agriculture,rural areas and farmers.To promote the exit of farmland contracting right,can be dispersed,finely fragmented arable land resources,will be returned to the contract to carry out comprehensive treatment,so that the unused arable land resources are fully utilized to improve the utilization of arable land,can be able to have the desire to return to the city life of farmers to achieve the conversion of assets to provide the possibility,and through the withdrawal So that the farmers at ease into the city life,work,to achieve complementarity between urban and rural resources.In the future for a considerable period of time,the rapid development of urbanization will still be the theme of China's development,the withdrawal of agricultural land contract is to promote the "three rural" problem to solve the key way.In this paper,through summarizing the withdrawal of farmland contract right and the experience of compensation,it provides enlightenment and guidance for the further development of farmland contract right;Through the study of the factors influencing the withdrawal of farmers ' farmland contract right,the authors propose different compensation methods for different types of farmers,It provides reference for the practice work of farmland contract right withdrawing from compensation.This paper divides into six parts according to the basic logic of "defining the problem ? analyzing the problem ? solving the problem" in order to protect the farmers ' rights and interests,examine the mode of the withdrawal of the contract right and the compensation to the farmers,and construct the way of the smooth peasant exit mechanism.The first part,preface.This paper mainly introduces the writing purpose of this article.The second part,the summary of the exit of farmland contract right.The overall outline of the right to exit the farmland contract,including the concrete meaning of the withdrawal of farmland contract right,the necessity of establishing the exit mechanism of farmland contract right.This paper expounds the theoretical basis and realistic basis of establishing the exit of farmland contract right.This paper makes clear the legal principle of establishing the exit mechanism of farmland contract right,and expounds the important role that withdrawal mechanism can play in solving the contradiction between "farmland stabilization and farmland adjustment",enlarging rural moderate scale operation and speeding up the process of urbanization in China.The third part,the current China's agricultural land contract right to withdraw from the typical model inspection.Although there is no uniform mechanism for the withdrawal of farmland contract right now,it has already begun to practice in all parts of the world.This chapter evaluates the exit practice of farmland contract right,mainly from the operation mode of three kinds of models,combines the feedback of farmers in the pilot area,analyzes and evaluates three kinds of models,sums up the advantages and disadvantages,and obtains enlightenment from the construction of the exit mechanism of farmland contract right.The fourth part,the conditions for the withdrawal of farmland contract right.Involve the farmers' land security,due to the contracted and people from rural to urban people change the way of life,so you can't completely let go of the threshold of the exit of farmland,shall set certain conditions,on the premise of fully respect farmers' will,allow farmers have the ability to exit the contracted land.The main body that makes clear the contract right is the farmer individual,in the farmer meaning expresses the real situation,the comprehensive farmer's income and the residence stable situation,sets the condition.The fifth part,the compensation mechanism for the withdrawal of farmland contract right.This paper discusses the compensation mechanism for the compensation based on the property attribute of farmland and social security.Clear the compensation for the main responsibility of the government and collective economic organizations,on the compensation standards from the perspective of "compensation" is a loss there,on the basis of analysis of the composition of farmers' land value,give full consideration to the land rights of farmers.In the compensation method,it is proposed to explore the possibility of diversification.The sixth part,conclusion.Summarize the content of the thesis,put forward to build for the future contract right exit mechanism to step by step,adjust measures to local conditions,to attach importance to the pilot work,learn from,continuously perfect the withdrawal mechanism design.