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Research On The Legal System Of Farmers' Land Rights And Interests Safeguard In The Process Of New Urbanization

Posted on:2017-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:L F YangFull Text:PDF
GTID:2416330485477660Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Due to the unreasonable system and the weak status of farmers,the process of the new urbanization accompanied by the change of the farmland property rights and reorganization of power,will inevitably lead to the loss of farmers' land rights and interests.For a long time,farmers' land rights and interests in our country is not fully and effectively protected,and its root lies in the absence of legal system.In the process of new urbanization,farmers' land rights and interests protection is a very complicated system engineering,which needs the powerful and effective cooperation of all aspects of the legal system.Harmonious legal system is the foundation of social harmony and also a fundamental on farmers' land rights and interests safeguard.In the process of the new urbanization,the legal system arrangement of farmers' land rights and interests safeguard,not only can make the new urbanization realize the optimal allocation of land resources,but also can ensure farmers' equal right of subsistence and development.As we all know,rural land and farmers' interests are closely related to a unity.The legal system of rural land should be legalized,developed and systematic arrange to ensure the farmers' land rights and interests.First of all,this study will use the theory of law,economics and other disciplines to analyze the basic theory of the protection system of farmers' land rights and interests,especially the theory of equal right of subsistence and development,farmland development rights and macro-control theory,economic interests and the interests mechanism theory,government regulation theory and institutional change theory,in order to provide a theoretical basis for the construction of the legal system of farmers' land rights and interests protection in the process of new urbanization.Secondly,to conduct a systematic review of the legal system and the laws and regulations of farmers' land rights and interests protection,in particular,to comb the system on agricultural land transfer,collective construction land allocation and the provisions of the collection of agricultural land,the analysis found that the right to contracted management of rural land is gradually expanding,as well it can freely transfer;and found that rural collective construction land had experienced the change from the comprehensive prohibition to the partial release;and also found that the change of land expropriation system only depends on the amount of compensation,but always with a compensation upper limit.In short,farmers' land rights and interests are fully attached to the system arrangement,and change with the change of system.Under the rural collective land ownership,farmers' land rights and interests in the absolute loss process are relatively increased,and they are subject to the development strategy of the country,and of course follow the urbanization strategy.Then,the farmland circulation,the collective construction land market and the land expropriation are the necessary request to improve the efficiency of land resources allocation,but also the inevitable trend of promoting the new urbanization process.The research on the current situation of farmers' land rights and interests safeguard in the process of new urbanization of our country,concludes that there are many problems in the legal system of farmers' land rights and interests protection.Such as farmland transfer,mortgage and the entry of equity are restricted,and the separation of the three types of rights within farmland property rights is legal lag.Legal procedures of farmland circulation are not sound.The collective construction land market laws and regulations lag,and homestead usufruct is restricted.there are uncertain land targets,unreasonable compensation and imperfect legal procedure in farmland expropriation.Again,the farmland transfer is the best choice for the realization,development and protection of farmers' land rights and interests under the existing system,so start an empirical study on farmers' land rights and interests safeguard from the perspective of the transfer of farmland contract management rights.And the analysis on farmland transfer practices find that there are some problems to damage the farmers' land rights and interests,which are nonstandard transfer behavior,unsound transfer price formation system,use changes in farmland circulation,difficult circulation of financing and so on.And there are some risks of damage to peasants' land rights,such as farmland non-agriculture,non-grain,certain rights but uncertain plot,contract breach,excessive concentration,in the process of promoting farmland circulation.Finally,through the theoretical and empirical analysis,the legal systems for the protection of farmers' land rights and interests in the process of urbanization are improved and innovative.First aspects:to improve the legal system of farmland circulation:the policy of the separation of the three types of rights within farmland property rights should be normalized by law;farmland transfer,mortgage and and the entry of equity release;to improve the management subject access system and establish institution of reviewing agricultural production and operation qualification on edit,agricultural management capacity and performance capability,to build regulation system of management content to prevent farmland circulation from non-agriculture and non-grain,and explore the establishment of farmland circulation risk guarantee fund system,and modify specific legal provisions.Second aspects:to learn from the land expropriation of the international experience on farmers' land rights and interests protection,and to improve the legal system of rural land expropriation in China,including strictly restricting rural land acquisition,improving the land acquisition system,defining the scope of land acquisition purposes,standardizing land expropriation procedures;reforming land acquisition compensation system,improving the land requisition compensation standards.The third aspect:to perfect matching legal system of farmers' land rights and interests protection,including the member rights system of the collective economic organization,the land value increment distribution system,farmland circulation information regulation system,multiple land dispute resolution system.
Keywords/Search Tags:New Urbanization, Farmers' Land Rights and Interests Safeguard, Farmland Circulation, Farmland Expropriation, the Separation of the Three Types of Rights within Farmland Property Rights
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