Study On The Risks And Precautions Of Peasants' Rights And Interests In The Circulation Of Rural Land Management Right

Farmers as a farmland users,the right to land management is a legal property rights given to farmers,the transfer of land management rights is conducive to the rational allocation of rural land resources to achieve moderate scale of operation,but also conducive to the absorption of rural external funds,To promote the transfer of rural surplus labor to the second and tertiary industries.However,the existence of the institutional and non-institutional risk factors such as the ambiguity of the land management right in China,the imperfect market mechanism,the improper positioning of the local government or the village collective,and the distribution of the interests of the farmers in the process of land management rights Imbalance,a variety of rights can not be reasonably guaranteed,leading to the rights and interests of farmers in the land circulation there are a variety of loss of risk,should become a contemporary civilization to enjoy the farmers gradually reduced to its victims.Because of the existence of these risk factors,not only seriously dampen the enthusiasm of farmers to transfer land,affecting the normal flow of rural land,but also directly hinder the rapid development of rural economy.Therefore,it is of great practical significance to explore the risk of farmers' rights and interests in the circulation of farmland and to formulate risk prevention measures to protect the legitimate rights and interests of farmers,speed up the rural land circulation and economic growth,and promote the harmonious development of our society.On the basis of literature review,this paper defines the related concepts such as the risk of farmland circulation and farmland circulation,and explains the theory of property rights,risk theory and game theory.Then,the author analyzes the risk of the loss of farmer's rights and interests in the circulation of farmland from the aspects of loss of independent rights,loss of income and interests,loss of protection rights and loss of judicial litigation,and so on.Through the legal system,market mechanism and so on Non-participation in the main body and the government,the village collective,large agricultural,farmers and other participants in the analysis,tracing the causes of the risk of loss of farmers.At the same time,the game model is constructed,which shows the process of interest game and the loss of farmers' rightsand interests between the government,the village collective,the big agricultural peasants and the peasants and so on.Due to the many risk factors influencing the risk of the loss of farmers' rights and interests,in order to formulate effective preventive measures,establish the analytic hierarchy process and analyze the influence degree of risk factors.Finally,according to the above analysis,the risk prevention measures to prevent the loss of farmers 'rights and interests are put forward from the aspects of perfecting the relevant legal system,reshaping the government function,improving the land circulation market and raising the farmers' legal consciousness.