Research On Legal Issues Of Withdrawal Of The Land Contractual Management Right After Farmers Settled In Cities

With the deepening of urbanization and the continuous transfer of rural labor force,a large number of farmers,especially those who have been in stable employment and living in cities for a long time,are unable to cultivate contracted land,and the phenomenon of separation of human and land is becoming more and more prominent.According to the laws and policies in effect,farmers no longer take quitting the contracted land as the condition of entering the city and settling down.After entering the city and settling down,farmers can still choose to retain the contracted land according to the principle of voluntariness.Although at present we can solve the problem of "separation of farmers and land" by encouraging the transfer of the right of management of contracted land,but the Land Contractual Management Right still belongs to the farmers,which makes it difficult to completely separate the relationship with the land.It becomes an important factor to hinder the process of urbanization and citizenization.Researching on adjusting the relationship between farmers and land,improving the vitality of land management,adapting the reality of rural development and solving the increasingly prominent contradiction between farmers and land have become the research focuses of the Land System Reform.Accelerating the process of urbanization,improving the level of agricultural modernization,and citizenization are important demands of comprehensively deepening the reform in China.In recent years,China has issued a number of documents to regulate the withdrawal of the Land Contractual Management Right,establish the guiding principles to protect the land rights and interests of farmers,respect the wishes of farmers who have settled in cities,and actively guide farmers who have settled in cities to voluntarily withdraw from the contracted land with compensation according to law.However,reviewing the relevant laws and regulations of China's Land Contractual Management Right System,there is no clear and operable provision for the withdrawal of Land Contractual Management Right.In terms of academic research,scholars have theoretical disputes on the issues such as the loss of the membership of the farmers' collective settled in the city,compensation for land withdrawal and guarantee of land withdrawal,and can't get the operational answers to improve the withdrawal of the Land Contractual Management Right.Therefore,it is urgent to put forward specific suggestions for the withdrawal of the Land Contractual Management Right after the farmers enter the city and settle down.Under the background of comprehensively deepening the reform,many local governments began to explore withdrawal of the Land Contractual Management Right.Withdrawal of the Land Contractual Management Right has a series of outstanding problems to be solved.Firstly,the criteria and procedures for the loss of farmers' membership after farmers settled in cities are vague.Secondly,before the loss of farmers' membership after farmers settled in cities,the compensation mechanism for withdrawal of the Land Contractual Management Right is not reasonable,and the guarantee mechanism for withdrawal of the Land Contractual Management Right is not perfect.Thirdly,the withdrawal mechanism for the Land Contractual Management Right after farmers settled in cities and losing the membership is lacking.Based on the experience of pilot projects in Pingluo of Ningxia,Liangping of Chongqing and Xi'an of Shaanxi Province,combined with the basic national conditions of the present stage,the main ways to improve withdrawal of the Land Contractual Management Right after the farmers settled in cities are: to clarify the standards and procedures for the loss of membership after the farmers settled in cities;to improve the compensation mechanism and strengthen the guarantee mechanism for withdrawal,we can actively guide the farmers who have not lost their membership to withdraw;after the farmers lose their membership,we can force the land rights they enjoy to be changed into the Land Management Right of the Land Contractual Management Right in the " Separation of Three Rights " by adding a right change clause,and set a reasonable time limit for land withdrawal,so as to strengthen the economic constraints of land reservation Mobilize the enthusiasm of farmers who have settled in cities to withdraw their land.