On the protection of private property rights of farmers of the land

Paper Keywords: protection of private property rights of farmers land
Abstract: Private property is the land of farmers fuzzy incomplete, farmers from the land of private property protection set foot fragile. To improve the agricultural land than private property rights, private ownership of land to farmers to enhance the protection of property, to infants and l land reform �� make way, clear agricultural [Newton, on land of private property rights, improve the private property of land expropriation, expropriation and compensation system, the establishment of judicial check on the system and increase ��awareness of the rights of farmers.

The revised Article 13 of the Constitution to increase the protection of Lawful private property of the terms, but this provision does not automatically implement the 800 million farmers who .8 million farmers important Lawful private property - "Land Private Property" or incomplete vague, the peasants of the land has not been effectively protected. farmers "land of private property" issue is the "three rural" issue at the heArt of the rural market and the key to modernization, but also affect the entire Chinese market and modernization process very important factor. must be the land of farmers to properly resolve the protection of private property.

First, the farmers of the land private property - private property rights of fuzzy incomplete
Under the current Law, private property is the land of farmers land use rights of farmers. Land use right is owned units, collective units, other organizations or individuals in accordance with the Law of the state or collectively owned land, forests , grassland for possession, use, income rights. Throughout the current land use right system, the purpose of use can be divided into different categories: urban state-owned land use rights, the state-owned farmland, woodland, grassland use rights, the right to use contract , land use right and other U1. So, as a land of farmers land use rights of private property rights including the right to contract management and land use right.

Contract management right is collectively owned by peasants and farmers of all countries according to the collective use of land by farmers, woodland, grassland, and other Law of the land used for agricultural contracts for management of .2003 1 years to be effective with the People's Republic Rural Land Contract Law)), gives farmers the long-term and guaranteed land contract and management rights. The bill for the first time a legal definition of the farmers in the contract period for up to 30-70 years, with the right to use the land contract and management rights, income rights, the right of disposal proceeds and the transfer of the right to use the right or transfer rights. in accordance with the law, farmers actually already have private property rights on land contracting.

The right to use land use right is in possession, the use of collectively owned land, build houses on that land rights and other attachments. Land use right is actually a kind of private property rights. Homestead shall enjoy the right to use in Homestead The possession and use rights, lease rights, the right to conduct the implementation of its subsidiaries to obtain land requisition buildings or other structures of the right to compensation, but also actually enjoy the right to transfer land use right of the mortgagee. because although the law prohibits the Housing Land Use individual right to transfer, mortgage, but not with the homestead on Prohibitions or Restrictions on the construction of housing and other buildings in the transfer of ownership arising from the transfer or mortgage land use right and so on. application of rural land use right, need special status But by way of transfer of legal land use right, the law does not specify the identity of the assignee conditions. by sale, exchange, gift, inheritance, etc. on the transfer of homestead ownership of house or other building, will also be integral to together with the transfer of land use right. Therefore, the farmers clear land use rights is a complete private property rights, embodies the true masters of the land of farmers is the legislative intent. However, in reality, that private property is fuzzy incomplete farmers on the land does not make real private property disposition.

First, the basic rights of the blur. Land use right is based on land ownership, land use right is derived from ownership rights, land ownership is very vague. First of all, ownership is not specific. The current structure of rural land ownership in the 196 ? on the implementation of the "three levels, team-based" system established. "tertiary" or "township (town) and village groups." line from a legal point of view is very clear. but specific to each piece of land, ownership and ownership vested in the form of a relatively vague, the concrete belongs to the collective, the township (town) is a village or a group? not clear. At the same time the township (town), village, group of administrative units, not all economic concept of " economic group, "nor is the legal concept of" economic body. "Second, the subject is not clear. At present, both the township (town), is the village, or group, no property rights to land ownership certificates of land ownership to the specific definition and confirmed that no certificates of title to the land property rights without legal basis, so that in a township (town) within the ownership of their land can be said to be the township (town) all, or a village, group of all, the law does not clearly defined, arbitrary great. Third, the power is not clear. in empowering the farmers land use rights of specific power, the power of collective ownership of what? who achieved? how to achieve? are blank. Fourth, the real farmers as land owner. they, as owners of the specific rights of individuals to be guaranteed? farmers how to achieve the township (town), village, group and other collective "all for" the oversight? these also lack of institutional rules. Finally, the collective ownership and land use rights relationships are unclear. On the surface of collective ownership and land use rights can go hand in hand, but in reality relationship is not clear. First, because the collective ownership of the vague, the second is when two rights conflict, there is no treatment-related basis.


Secondly, the fuzzy public eminent domain. National in the public interest, in accordance with the law on land expropriation or requisition and compensation. This is the land of private property rights are often encountered in the actual operation of public rights, such rights equally vague . First, what is meant by "public interest" to confirm who recognized standards, validation procedures, etc. are currently unknown. Second, "in accordance with law", where the law is what? are not any laws and regulations can be? point to the same unknown . Third, the collection or acquisition and the corresponding compensation, in addition to land management act given by Article seventeen pairs of land acquisition compensation fee, resettlement subsidies relatively clear provisions, the calculation of specific standards, the rest are the lack of specific procedures and standards.

Fuzzy land ownership, so farmers do not have real control of land, the result is a "grassroots political power and the township (town), village leaders to master the right to dispose of most of the land - farmers lost their land owner rights. The relationship between farmers and land only Only the lease between the legal sense.} (2] as the land use rights of private property becomes incomplete property rights. The right of public acquisition of fuzzy, making the farmers "land private property rights" has become ambiguous property rights. These are caused by farmers "land of private property" can not be effectively protected the underlying causes.

Farmers from the land of private property - the fragility of the private secondary industry the rich farmers "land private property" is a vague incomplete property rights. Some people to take advantage of this vague and incomplete, "reasonable and legitimate" violations of peasant farmers occupying the land of private property rights and the "land of private property."
Jen a) a large number of peasants occupied land, the land into private property castles in the air
Fuzzy land ownership, ownership is unclear. Right to dispose of the land actually fell grassroots cadres that county, township and village cadres of the hand. Therefore, these grass-roots cadres are often the "reasonable and legitimate" and "collective" in the name of , free disposal of land, free ownership of land violations. * was born and bred, "the farmers can not obtain real ownership rights, those rights do not treasure, but can not afford to fight with the powerful groups to protect land ownership rights . Thus, in the "" collective,, under the name, including county, township and village local governments, including the issue on the ground, in fact, formed a 'community of interests ", the formation of a tacit understanding. The result is , the implementation of a few years. "stringent land conservation policies," curb the abuse did not account for the momentum of the land. contrary to the Land and Resources issued a <"On further measures to implement the system of strict protection of arable land>" notice after the the eastern cities also increased the pace of land transfer. so <<Rural Land Contract Law>> in some places become a dead letter, three from the "'zone" heat-induced'. enclosure hot ", to go 220 laps million hm, land t =}]. and in some traditional agricultural areas, the collective economy is weak, wages of village cadres often not paid on time. In order to raise funds, "land" has become the preferred method of financing (4]. According to statistics, 7 years, there are nearly 6700 million hectares of arable land was requisitioned, there are 4 000 million farmers to become "farmers without land, no post office, guaranteeing that no copies" of the "three noes farmers" Sichuan. The farmers lost their land, "Paper of the hair to adhere to, "farmers" land private property rights "has become the air attic.

(B) contracts for management of farmers violations
Although farmers have <<Rural Land Contract Law>>, but in fact mastered the land ownership of the township (town), village, group of powerful groups of cadres there are "collective," "Employer," a powerful weapon. Therefore, the strong group to use the "collective" in the name of the right to interfere in autonomous peasants, without compensation or illegal transfer, lease or contract of the land of farmers, against the wishes of farmers forced to land transfer, also by the "collective" in the name of free land contract adjustment. contracting with the state land to extend the 15-year period on the basis of a further 30 years unchanged. but in real life, the peasants of the land contract to be adjusted constantly. "a minor, three years, five years for a major." frequent adjustment to reduce man-made land management cycle, the land is not conducive to the protection of farmers is not conducive to investment and business, there are powerful groups favor the use of land for personal gains, to the right to rent-seeking, profit. because of the shorter contract period, the owner the better. there are indications, through the "enclosure hot" use of the land transfer receipts generated by 3 trillion yuan differential is huge. These should have been shared with the farmers, "differential gain", because existing law did not elaborate, but a strong group "foregone conclusion of a prisoner. It should be noted that violations of rights and interests of farmers land contract case, with the ups and downs of the economic situation shows the variation of periodicity. Thus, a single visit or groups of farmers petition cases remain high, as affect social stability and development nowadays a major problem.

(C) farmers with land use right and housing is also vulnerable private property
Our Constitution provides for protection of private property and the basic principles of compensation for expropriation, but the state legislature has yet to develop expertise on rural expropriation compensation laws to adjust the requisition compensation legal relationship. Land Management Law deals with expropriation forty-seventh issue of compensation for land requisition compensation fees, resettlement fees provisions clearer, there is a specific criterion. but even the land use right and the housing-based private property rights of farmers to neglect or laissez-faire attitude is, or even no separate homestead and housing concepts, they are only being included in the "attachments", it did not make specific compensation standards. Under the current deal with the peasants of these very small amount of private property in addition to the legal issues involved in this, mainly with reference to the Ministry of Land Resources, Ministry of Construction , local government depArtments, administrative regulations and documents issued to intervene in the acquisition and disposal of the farmers involved in the process of private property. requisition compensation standards for the development of the power of layers of decentralization, fragmentation, leading to the level of compensation no basis, randomness great. and all levels of government compensation in the expropriation of legal relations, the set of rule-making, pArticipants, referees and punishment as in a variety of organs. farmers a fair right to be repaid at least from the law and procedure to be unduly restricted. due to lack of Legal compensation for expropriation of private property for farmers defined legal relationship, and regulation, in some places signed by the town government and village <"Land Acquisition Agreement>>, the agreement not only dispose of the farmers the right to use land contract, land use right, and "packaged" By the way farmers dispose of the houses, trees, seedlings and other private property [6] 0 Links http://www.hi138.com Research Papers Download producers have patience, perseverance. The farmers of the land is private property, mainly farmers constant production, but this "private property" are still so fragile, is still far from a "constant yield", which is rural, agriculture, farmers until the development of China's modernization are unfavorable.

Third, improve the farmers of the land private property rights, private ownership of land to farmers to enhance the protection of property
(1) land reform approach, the implementation of Administration according to law, protect the fundamental private property rights of land - land. Practice has proved that the decision by the administrative examination and approval of land transfer mode, is difficult to achieve "strict protection of cultivated land" purposes. Because local governments impulse to the pursuit of GDP, will do everything possible to achieve the purpose of lobbying, "Research''the approving authority, the approach can be said to be varied; and hold the reins of the land department of administrative examination and approval, the opportunity to achieve their rent-seeking behavior. strong organizations against the 'object "is to have the land," "incomplete property rights," the farmer, the object is to deceive the Central Government. Modern economists use,' rent-seeking theory of''proof ', "the regime of automatic expansion of the power to prevent the possibility of property rights." "When the privilege exists, privileged people always trying to preserve privilege and to seek more privileges, no privileges or privileges of the victims are people always find a way to eliminate the privilege against himself, and seek to benefit their privileges, which bring the power of the game. (1. this is related to 'modern property rights system, "the words, successfully opened in the' * land ownership" of the main chaotic and uncertain circumstances, the local government on the land issue and the farmers what the controversy intensified, while the acquisition of farmland, land property rights against the behavior of farmers is almost impossible to contain the answers.

(2) clearly farmers "land of private property rights." To further clarify the property rights of private ownership of land farmers are required to develop specific systems. A specific system can be considered in two ways: first, a clear point of view of ownership; the second is to strengthen the the perspective of land use rights. clear ownership, the construction of this system is the focus of the work. clear title of ownership is clear, to collective ownership of the content to be clearly defined by legislation; clear title, not to strengthen ownership, but dilution of ownership, with particular emphasis can not be "collective ', the majority" and the name of the individual violations of land use and other legitimate private property rights. Some experts have proposed to abolish the collective ownership of land, the implementation of private ownership of land, but "the empirical data do not support fundamentally change our current policy or the implementation of land privatization of land. As a major agricultural country, China's rural social security system now basically no public ownership of land to ensure that each has a land of farmers, migrant workers, farmers once the work There is also a land to feed themselves, and will not rely completely lost, which is social stability and economic development are very important.;} sl, and, the implementation of private ownership of land will also face barriers such as political ideology. Therefore, our country has not implemented private ownership of land. strengthen land use rights, the focus on an implementation of the existing <<Rural Land Contract Law>> and other laws, strengthen land rights is indeed the work of the farmers recognized the dominant position of land ownership.

(3) improve the collection of land of private property, expropriation and compensation system. First, clearly defined the basic principles of compensation for expropriation. There are two basic principles: first, the government action must be the principle of strictly limited by law. The land to farmers expropriation of private property is the chief legal relationship, the nature of public power is limited to the intervention of private rights, the basic principle is that government action must be subject to strict legal restrictions, non-legal matters not expressly provided for the authorization, including the scope of power and the way the exercise of power. farmer's private property should only be subject to a statutory limit of public interest. Secondly, the principle of fair and reasonable compensation. requisition compensation after a "relationship is a civil legal relationship. Governments have a fair and reasonable compensation for property losses of farmers the duties and obligations; farmers the right to ask the Government to give fair and reasonable compensation. compensation standards and equality should be followed to determine the amount of reasonable and actual harm to make up the basic principles of administrative measures to limit and can not be deprived of the dominant position of farmers and property claims .

Second, clearly define the specific matters of public interest. The public interest the government the right to limit private rights in the public behavior of the boundary process, but also limit the behavior of citizens to accept the border. The law should exclude the method of examples or the public interest to be defined strictly to prevent the false name of public interest, sowing more legal, commercial development and other illegal activities.

Again, strictly legal process. The government to farmers on the collection of private property must be done with strict legal procedures. These include: first, the acquisition process. Such as: property assessment process, the compensation standard publicity procedures, hearing procedures, forced evictions procedures. Second, the relief program. such as: administrative adjudication procedures, arbitration, litigation procedures. These procedures must be clear and complete, in particular, to avoid the same time as local government decision makers, rule makers, acquisition side and the final arbiter of disputes a variety of roles.

Finally, the development of uniform standards and calculation of resettlement compensation principle. In addition to the Land Administration Law of the forty-seventh in the articles on other private property of land requisition compensation should be determined criterion. On this basis, from all over the computational method in accordance with the provisions of the specific compensation amount. through the development of compensation calculation standards, both to prevent the acquisition side deduction, down requisition compensation expense, damage the interests of farmers; also be imposed to prevent the party wild speculation, false reports and expand the area of illegal profits, increasing the burden of the national land use matters occurred.

(4) the establishment of judicial review. Violations of existing laws in the lack of effective judicial review and relief. As the Government's strong and the weak private sector, government violations of civil behavior of private property rights, in practice, one after another. A lot of loopholes in the administrative procedures and administrative bodies You intended to rash, often the greatest damage to private property rights. Therefore, the establishment of judicial review system, the protection of private property rights is very important. "institutional arrangements that can make an individual's fundamental rights and basic norms of the country in the society real implementation. "Yam farmers vulnerable private property of land, the rural grass-roots political power means recklessly You also need to review the system of judicial relief.

(5) increase awareness of the legal rights of farmers. Is inseparable from the protection of private property, * the right to feelings ", Law and the law-abiding spirit of implementation is the subject of the subjective nature of spontaneously" on their rights advocates "y o} 0 if no land the subject of rights of private property, "the idea of their rights", private ownership of land property rights is an empty talk. The farmers also lack sufficient awareness of private rights. If survey shows that most of the rural commercial advertising and political wall propaganda wall slogans, its implementation did not obtain consent of farmers, and even fewer are paid compensation. This phenomenon is more common in less developed regions l River. Therefore, to effectively protect the farmers from the land of private property rights, but also Farmers also need to increase awareness of legal rights. Links to Research Papers Download http://www.hi138.com