The Protection Of Pesants' Rights And Interests In The Transfer Of Agricultural Land

China's traditional agricultural production efficiency and fragmentation mode of management have gradually not adapted to the development of modern agriculture,there is a phenomenon of involution in agriculture that production efficiency has approached the limit of growth.In recent years,in order to change the stagnation of agricultural production efficiency,policies have actively promoted the transfer of agricultural land,implemented the reform of the right to transfer and operate agricultural land,on the premise of stabilizing the contractual rights of farmers,liberalized the right to operate land,encouraged the development of fragmented cultivated land to scale operation,and encouraged the flow of agricultural land to large-scale grain farmers,agricultural enterprises and other new business entities.Some regions actively introduce industrial and commercial capital to the countryside to develop agricultural leisure industry and integrate the primary,secondary and tertiary industries.On the one hand,the large-scale management of agricultural land is conducive to realizing the scale economy of agriculture,reducing the phenomenon of land abandonment,releasing surplus rural labor force,on the other hand,it is conducive to improving the efficiency of agricultural production,improving the mode of agricultural production,seeking more growth momentum and elements,and realizing the industrialized management of agriculture.But in the actual promotion process,there are also corresponding problems.Compared with the risk of farmers' spontaneous transfer of land,the government actively promulgates relevant preferential policies to promote the transfer of agricultural land.The introduction of industrial and commercial capital to the countryside has infringed on farmers' rights and interests.Farmers ‘land income rights,the right to know and the participation right are all impaired to varying degrees.Although the central government has issued various policies to protect farmers ‘rights and interests,the phenomenon of farmers' rights and interests damaged has not been effectively addressed.This article first from the macro perspective to understand the content of farmers' rights and interests,the legal protection of farmers' rights and interests,and the logical relationship between farmers' rights and interests and agricultural land transfer.Then,taking industrial and commercial capital in rural land transfer as a case study,through field surveys and questionnaires interviews,we have a thorough understanding of the protection of farmers ‘rights and interests in the process of government promoting agricultural landtransfer,and whether farmers' rights and interests are better protected.Or farmers ‘rights and interests are damaged.This thesis studies farmers ‘rights and interests related to land.It deeply analyses the process of farmland transfer and explores the present situation of farmers' participation,discourse rights and rights protection in the process of farmland transfer involving multiple subjects.This paper analyses the farmers ‘rights and interests from the aspects of farmland transfer procedure,farmland transfer rent,farmland transfer contract content,farmland transfer farmers' employment security situation,government safeguard measures,identifies the risks of farmland transfer undertaken by farmers and analyses their causes,and then puts forward the countermeasures and suggestions of farmer's rights and interests safeguard mechanism.Combined with the situation in the case,and based on the relevant theories,the final research results show that farmers ‘land rent is too low and there is no land value-added income,which damages farmers' income rights.Individual farmers and even multiple farmers still lack the bargaining power of land rent.The procedure of farmland transfer is unreasonable,and farmers' main status and willingness to transfer are not fully respected.Industrial and commercial capital transfers part of the risk of land management to farmers,who bear the risk of operation and contract of land lease for too long.The reasons are related to the unbalanced interests of the participants,the deviation of the policy implementation,the imperfection of the market,the imperfection of the rural governance mechanism and the factors of farmers themselves.On the one hand,the introduction of industrial and commercial capital by the government can promote the employment of farmers in the region in a short term and activate the market of farmland transfer in the region,but in fact,whether farmers can really benefit depends on the effectiveness of enterprise management of rural tourism,the development of agricultural industrialization and the degree of protection of farmers ‘rights and interests by the government in the process of transfer.The transfer of farmland under the leadership of the government,if we do not do a good job in supporting policies to protect farmers ‘rights and interests,farmers' rights of income,autonomy and employment are infringed to a certain extent.Farmers' awareness of land rights and interests and legal awareness can resist the interference of administrative power in the transfer of agricultural land and safeguard their own rights and interests,but most farmers' awareness of rights protection is weak.The operation of agriculture by industrial and commercial enterprises will bring scarce capital elements in the field of agriculture,promoting the development of agricultural modernization.However,their employment radiation role is limited,the labor force they can absorb is limited,most farmers are gradually excluded from agricultural operation.In this paper,thefollowing suggestions are put forward for the protection of farmers ‘rights and interests:perfecting the laws and regulations of farmers' rights and interests,formulating appropriate inclined policies for the protection of farmers ‘rights and interests,improving the operation mechanism of the rural land transfer market,pay attention to the survival and employment of farmers after the transfer,improving the rural governance mechanism,cultivate new rural community service organizations,and raise farmers' awareness of protecting their rights.How to find a balance in promoting the circulation of agricultural land,realizing the scale economy of agriculture and comprehensively protecting farmers ‘rights and interests is still a policy that needs to clarified.