The Research On The Constitutional Role Of Village Committee In Rural Land Transfer

With the appearance of the deficiency of land policy and the expansion of the scale of national urbanization,the existing land structure in rural areas will face great changes.In order to realize the large-scale management of land,farmers consider from the point of view of pursuing maximum economic benefits.The existing land use rights will be launched into a variety of forms of transfer.However,in practice,farmers are often in a weak position,lack of the ability to control the risk caused by the transfer of land use rights,unable to defend their land rights and interests in a timely and effective manner,resulting in the infringement of their rights and interests in the transfer of illegal acts.This will not only hinder the advancement of China's agricultural modernization,but also endanger the fundamental source of farmers' survival,and then affect the stability of rural areas.The village committee comes into being with the evolution of the rural land system and is rooted in the self-governing organization of the masses at the grass-roots level.It is an important link to safeguard the villagers' land rights and interests and maintain the normal land circulation order.Its main function is to implement the decision of the villagers' representative meeting,to achieve the purpose of villagers' self-management,self-education and self-service,and at the same time to deal with the public affairs and public welfare in the village.From the microcosmic point of view,the village committee plays an important role in the allocation of the main body of the farmland transfer system.At present,in the reality that China's rural households are scattered,the scale is small,the agricultural land transfer market is not standardized,and the circulation channels are underdeveloped,the farmland circulation operation urgently needs the intervention and participation of the village committee to provide support for rural development.However,China's village committee lacks a relatively fair and orderly development environment.In some cases of rural land use rights transfer,the village committee failed to fulfill the duties of defending the village's collective rights and interests,and reached the essential attributes of mass autonomous organizations.On the contrary,it is convenient to use its own position to carry out land transfer privately,which seriously violates the collective rights of the villagers.The village committee is a mass autonomous organization in rural China,and it itself has the responsibility to safeguard the legitimate rights and interests of the village collective.Then,how should the village committee perform its functions in the agricultural land transfer activities and better play an important role in safeguarding the land rights of the villagers? This paper starts from the study of the origin of the constitutional role of the village committee in the agricultural land circulation,analyzes the significance of the role of the village committee in the study of agricultural land circulation from the perspective of the constitution,and analyzes the existing shortcomings in combination with the research status of different scholars in China.Then,the specific case is summarized in the actual role of the village committee in the circulation of agricultural land.This compares the actual role of the village committee in the transfer of agricultural land with the normative roles in the Constitution and other laws,analyzes the differences and specific performances,and analyzes the reasons for such differences.On this basis,it puts forward relevant suggestions on how to correctly determine the constitutional role of the village committee,correct the difference between the existing actual role and the constitutional role.