For rural land contracting right of the legal issues in

Abstract: China's rural land contracting right there in the circulation market is not perfect, way to transfer the disputed, and poor circulation regulate many practical problems. The reason is mainly due to the existence of defects in the present system of land ownership, land acquisition mechanisms perfect, due to the social security system is not perfect. it is necessary to reform the existing system of land ownership, improve the land acquisition Laws and regulations, establish and improve rural social security system.

Paper Keywords: land contract and management rights, transfer of rural social security
In recent years, with Economic Development, accelerating the urbanization process, landless peasants is rapidly expanding into a community than the existing vulnerable groups, such as urban migrant workers, laid-off workers, urban poor, a new group situation more difficult. Because when these landless farmers lost their livelihood after the land, not only lost the basic living security, but even as ordinary citizens deserve the right to life, property, employment and other basic rights are threatened.

1 The current rural land in the main problems
1.1 The market for land transfer is not well established, standard needs to be strengthened
In the new rural areas, land transfer agencies have not set up perfect. The information is difficult to keep abreast of the transfer of land, mainly through friends and relatives know to provide information, which will inevitably lead to sublet the land is not convenient, the lack of a land transfer transactions necessary platform. At the same time , land transfer also involved such as land evaluation, negotiation, contract signing, notarization and registration and other links, which are an important pArt of farmers and village cadres are not able to complete, and it requires the pArticipation of intermediary service organizations in order to make the land The flow behavior is more adapt to the market economy, rural areas in these areas is currently no specialized intermediaries. normative in the land transfer, the transfer of some areas lack of contract constraints, farmers are mostly between the free flow of the oral agreement, the lack of a written contract , most do not apply for private circulation, no registration, no report, the collective Economic organizations are less alone, circulation disorder. also some places forced to rely on administrative means to promote the transfer of the right to land contractual management, and which is the transfer and what is not circulation, how transfer, what procedures should be legalized, it requires some rules and operational methods, the current norms in this area there are still some problems.

1-2 way land transfer does not match with the wishes of farmers and difficult to receive timely compensation for land acquisition
Some local governments to speed up the industrialization of the city, by the adjustment of agricultural industrialization, to significantly below the market price of hardware about to farmers over land acquisition, and then resold the developer for the business, competing with the interests of farmers, causing farmers strong dissatisfaction. there is no land transfer from an open and transparent, there is no standard compensation in place, the village stranded without funds for its intended purpose, many villagers land transfer of the employment and pension issues are not well resolved. land acquisition compensation problems are not solved in time vested under the <<Land Administration Law "> Article VIII" urban urban land belongs to the state. rural and suburban areas of land, except by Law other than those owned by the state, belonging to farmers collective: house sites and plots of land, mountains, owned by peasant collectives. "rural land owned by peasant collectives, that the ownership of land by the village committee directly exercise, the implementation of land acquisition compensation is allocated in the system layers instead of lump sum payments to the home, asked after the multi-level executive, deductions often inevitable.

Supporting measures 1.3 lag land transfer
Since reform and opening, China's public health care, labor, burial, compensation, pension and other social security system has been gradually established, but farmers are lagging far behind the social security system. While many rural residents living in the city can not be rooted in a long time but still city. rural contracted land would rather not give up or transfer abandoned, which to some extent, hindered the transfer of rural land.

1.4 The rights of farmers are less aware
Low overall quality of the rural areas, farmers sense of democracy and the legal system Duhen weak, lack of self-protection Law, as Law can not be well adapted to the requirements of the principal and the main market, is not conducive to the implementation of village autonomy. Many collective ownership of land as a peasant village of all, on the Village's decision fails to make the statutory procedures and arrangements are all in response to the legitimate rights and interests have been infringed upon and can not seek administrative or judicial relief, contributing to the rural grass-roots organizations offenses.

2 rural land contracting right and the main problems
2.1 peasant collective land ownership was distorted, incomplete land ownership
Rural collective land ownership for what should be the subject of who many people do not know. A view that is fundamentally rural land property rights owned by the state, there is a view that all collectively owned by peasants and farmers are not the same concept, individual farmers divided by shares does not own agricultural land ownership rights. This is the land used to meet the government officials making a fuss, highlighting their performance, and other psychological land for their own use. It is equivalent to the land contract and management of other forms of contract system for the various interest groups against farmers from the land property rights have been facilitated. And ownership of the deterioration is mainly manifested in two aspects: First, performance on the land use farmers collective ownership of land only as agricultural land, there are some limitations to farmers, followed, and in the state of collective land acquisition, compulsory administrative measures taken to pay far below the market price of the land compensation, the farmers collective change of state owned land.


2_2 social security system, laws and regulations is not perfect
All along, China's rural social security seriously lagging behind the urban Development. The reason is that China will reform the focus on urban and rural areas in a secondary position. To the farmers, their three major social security, namely children, the land and savings. the land as farmers "survival fields", "the insurance field," is they do not guarantee. When the non-agricultural industries can not guarantee the basic living, land is the basic guarantee of life of the peasants. From the current situation of legislation, the current adjustment contracted land management right of the law <"Agricultural Law", "<Rural Land Contract Law>>; administrative regulations <<The State Council approved the Ministry of Agriculture on the stability and improve the land contract relations Opinions>" (Guo Fa [1995 ] 7), "<CPC Central Committee and State Council on further stabilize and improve the rural land contract notice>" (in the Office of the [1997] 16), ministries and regulations have <"On the land contract in rural areas policy Legal notice of the implementation of checks> "(Agricultural Economic Development [200 318 number), in addition, there are some local regulations. These laws or normative document on the adjustment of the right to transfer land contract and management is important, but not perfect. to <<Rural Land Contract Law>> example, the principles of its land transfer, land transfer procedures and the importance of contract provisions shall make a general, but these requirements are only required to adapt to the new adjustments to make the lag, but too abstract, for solving the problems in reality is still far.

2.3 Government depArtments, the power of collective Economic organizations, the lack of effective control mechanism
In China's rural land is still owned collectively dispose of land contract and management rights to some extent limited by the village collective. Meanwhile, the government depArtment which was underway in the guide, land contract and management right will be subject to the constraints of government departments. In fact, the right to transfer land contract and management by government departments, the village collective Economic organizations and contractors three constraints. guidance of government departments, the village collective economic organizations should be nothing wrong in this restriction, but because of practice on the nature of the right to land contractual management clear understanding of the relevant household contract responsibility system, a clear understanding of population, leading to power and rights and rights of blurring the lines between, resulting in the actual operation of government departments, the village collective abuse of rights, against the interests of farmers.

2.4 Residential Land farmers focus on the process of living and the rights and interests of the damage to farmers
Ignored in the process of land rights of farmers. First, after the farmers to live together out of a lot of land conservation, according to <"Land Management Law"> should be owned by peasant collectives, farmers on the homestead has the right to use. But in practice in this part of the nature of the ownership of land is difficult unclear. Second, the local government took away the homestead farmers, small little compensation or compensation, which damage the interests of farmers. Third, increased the burden on farmers. demolition of houses of farmers resettlement compensation standards are lower than the price of housing, housing finance farmers to buy the same area greatly increased. Fourth, reduce the income of farmers. For the suburban farmers, the rent income of rural household income was the main pillar of the so-called "landlord economy", there is Almost every family suburban rental housing subsidies to basic living. to live together after the rental income of these farmers may come to nothing. Fifth, the land for industrial and commercial land be greatly appreciated, but the appreciation of the income of farmers is difficult to obtain.

3 New Rural Construction Countermeasures for Land Transfer
3.1 The protection of farmers to establish long-term mechanism of collective land ownership
The current issue of rural land is that it overlooks the most dangerous problem of collective farmers did not even recognize the ultimate ownership of land, which is leading to long-term land rights of farmers are not effectively protected the fundamental reasons. Thus, from the system and establish institutional collective farmers land ownership, land rights of farmers to establish long-term protection mechanism ... the most important issue.

First, we must further establish the farmers in the rural collective land ownership concept. PRC Constitution, laws and regulations relating to land are clearly defined, "rural land owned by peasant collectives, farmers in the contract period with the land use rights, management rights and the right of disposal" . on October 1, 2007 shall come into force of the <<Property Law "> maintenance of peasant land rights provide a strong legal weapon. <<Property Law"> on the land rights provisions, both on the current legal system and policy measures of the recognition and inheritance, but also complements the lack of respect. It improves the uniform registration system for real estate and land acquisition compensation system, built to land ownership, land contract and management rights, construction land use rights and land use right to land property rights system of the main content . to correct only emphasized the right to land contractual management of farmers while ignoring the tendency of ownership of land. Some people think that the concept of collective identification of farmers imperfect, can not be specific to the individual. in fact the land in accordance with relevant laws and regulations: peasant collectives according to the law of land belonging to the village (or village group) peasant collectives. Accordingly, the boundaries of collective farmers is very clear and specific. Secondly, the form of stock cooperative system of collective village ownership of the land clear to all members of the collective economy from the institutional rationalization organization and peasants of the land property relations, which to address the protection of the legitimate land rights of farmers to provide a basis. Again, the establishment of ownership of the land reflects the share of farmers cooperatives, will quantify the total collective land to farmers, to establish a group or village as the basic framework of the farmers cooperative land shares, protect the farmers from the system of collective land ownership. such as the Development of farmers cooperative land shares statute. concentrated in the establishment of settlements and withdrawal of farmers and village during the village, from farmers to establish a permanent collective land ownership, the strict " and village and community is not. "Links to Research Papers Download http://www.hi138.com 3.2 gradually improve relevant laws and regulations
Rural Land Contract Law to be formulated as soon as possible to implement measures to enhance the operability of the law, we must adapt to the Development of rural grassroots democracy and the socialist market economy, on the Land Law, the Organic Law of Village Committee and other relevant laws and proposed amendments to legislation frequently encountered in practice be made clear the following issues: 1. On rural collective land ownership. At present, the rural collective land ownership is still the people's commune period "for all three levels, team-based" framework, clear property rights is not enough, given the vast majority of collective land ownership exercised by the village groups, in order to prevent the township against the government and village-level organizations, the land rights of farmers, the proposed uniform provisions in the law shall be owned by rural collective land ownership for all groups, and the county government shall register, issue certificates to certify ownership; 2. On the rural collective economic organization. In accordance with the law, members of the collective economic organizations to exercise equal rights to land contract and management rights on land contract right of access to rights of land compensation and related benefits, 3. On land adjustment. Of serious damage to natural disasters and other special circumstances, to allow farmers to make proper adjustments to their contracted land, should be made to the specific definition of special circumstances in order to operate. In addition, no further adjustment of land for any reason, 4. On State land. According to the Constitution and laws, the state of collective land acquisition must be in the public interest, must consent to use. But, in fact, the acquisition of non-public purposes still exist. Should be the purpose of the law on public to distinguish between non-public purposes, and the corresponding compensation for land acquisition implementation of different ways. expropriation for public purposes, compensation methods should be adjusted, an appropriate increase in compensation for the real estate development and acquisition and other non-public purposes, the use of market mechanisms to the formation of land prices and protect farmers the right to land revenue.

3.3 improve the land acquisition compensation methods, the establishment of the resettlement landless farmers, unemployed and long-term mechanism to guarantee the basic living
Promote industrialization and urbanization process can not at the expense of the interests of farmers at the expense. To this end, a fair compensation to the landless peasants, the project resettlement fees, the amount of unemployment should be able to protect the farmers in production, living, education and other aspects of the necessary expenses the protection on the basis of the original level even higher than the original level.

Improve the land compensation and landless peasants basic safeguards. One is to increase subsidies for land acquisition and resettlement, the second is to change the "land for security" resettlement of landless farmers, landless peasants and re-employment unemployment insurance funds, venture capital can be The whole of the land compensation fees and resettlement fees for. without having to worry about re-employment funding. landless peasants basic living security fund should be mainly from the government's land transfer payments and land units of the funds.

Innovative mode of land acquisition resettlement. Allowed to take "stay Space" approach to planning to determine the scope of construction land construction land within a certain area of ​​the arrangements for collective economic organizations for the development and growth of village economy. The establishment of various properties and facilities, and quantified in the form of shares of the assets to the collective economic organizations and farmers, so that more villages and landless peasants long-term benefit of the protection mechanism.

3.4 Government departments, the village collective and contractors in the transfer of the right to land contractual management roles in the process of scientific orientation
In the transfer of the right to land contractual management, government departments, the reason why the village collective interests against the contractor, the underlying reason is not among the scientific division of the arrangements. Specifically, division of the three should be: ① the contract business owners, in addition to the transfer subject to consent of the Employer, other forms of circulation by its own decision, and as the main body of the contract entered into circulation in accordance with relevant laws and regulations with the other consultations. ② the collective economic organizations, such as groups of villagers, one To directly within the collective economic organizations the right to transfer land contract and management oversight, found violations, make recommendations to correct, if its members do not agree to correct, then the township people's government report, the second is related to circulation of information to convey to its members, three are collective economic organizations of the state of the record transfer. ③ For the government, its duties are as follows: First, the township government to the village collective, the government above the county level to its lower levels of government in the land contracting right and in the conduct of oversight, farmers received violation of transfer of the right to land contractual management laws, regulations, acts or file charges against, and promptly correct the land contract and management rights violations during the transfer process, and second, the provincial government to develop model contracts and the third is the township (town) people's government of Rural Management institutions to establish transfer of the right to land contractual management information base, the timely release of information flow supply and demand for the transfer of the right to land contractual management and the provision of both the provincial market place to provide rural land contracting right supervision and management departments in accordance with the contract to develop a model text, free flow of business conduct guidance and counseling services.

3.5 establishment of residential relocation and the transfer of homestead rights protection mechanisms for farmers
Protecting farmland and farmers from the legitimate rights and interests, and promote rural reform and development, accelerate the building of new socialist countryside harmonious and stable level, fully aware of the importance of protecting the interests of rural residential land. First, to ensure that the right to homestead on the registration of farmers and development card. suggest the department concerned should be clear and give farmers homestead as soon as possible to complete the Property (<<Property Law "> provides the definition of rural residential land use right as the" Property "), do the existing homestead census work. For the procedures available, with the law of the given register, issuing a unified force of law homestead certificate. The second is not to set targets and engage in an executive order provides farmers living set problem, farmers must agree. Third, migrant farmers period, shall retain their original homestead, the homestead shall not be forced to withdraw or change the use of power. Links http://www.hi138.com Research Papers Download