2010Unpublished venueOpen access

The Plights and Solutions of the Farmers’ Land Rights Protection

Liu An-hua, Liu, An-Hua

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Abstract

The current plights of farmers’ land rights in China are analyzed. They cover the vain installation of the security of farmers’ land rights, vain position of the dominant role played by rural collective land, incomplete functions of rural collective land and the inadequate material assistance of farmers. The solutions for ensuring the security of farmers’ land rights are put forward, in the first place, perfecting the legislation of guaranteeing farmers’ land rights. In the second place, scientifically installing the rural land rights, which covers the following aspects, such as, clearly defining that the collective ownership of rural land belongs to farmers in law; clearly defining the main body of rural land property and eliminating the shortage of property rights; demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation. In the third place, villagers’ autonomy should be perfected. In the forth place, standardizing the system of land expropriation, which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax, and establishing fair compensation standard and normalizing land compensation procedure. In the fifth place, strengthening land transference and judiciary, and enforcing supervision; in the sixth place, accelerating the development of peasants’ cooperative economic organizations and cultivating peasants’ rights keeping organization. Through the discussion on the plights and solutions of farmers’ land rights protection, the coordination of rural and urban development will be realized and a harmonious society will be built.

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What this paper is about

The current plights of farmers’ land rights in China are analyzed. They cover the vain installation of the security of farmers’ land rights, vain position of the dominant role played by rural collective land, incomplete functions of rural collective land and the inadequate material assistance of farmers. The solutions for ensuring the security of farmers’ land rights are put forward, in the first place, perfecting the legislation of guaranteeing farmers’ land rights. In the second place, scientifically installing the rural land rights, which covers the following aspects, such as, clearly defining that the collective ownership of rural land belongs to farmers in law; clearly defining the main body of rural land property and eliminating the shortage of property rights; demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation. In the third place, villagers’ autonomy should be perfected. In the forth place, standardizing the system of land expropriation, which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax, and establishing fair compensation standard and normalizing land compensation procedure. In the fifth place, strengthening land transference and judiciary, and enforcing supervision; in the sixth place, accelerating the development of peasants’ cooperative economic organizations and cultivating peasants’ rights keeping organization. Through the discussion on the plights and solutions of farmers’ land rights protection, the coordination of rural and urban development will be realized and a harmonious society will be built.

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Available abstract

The current plights of farmers’ land rights in China are analyzed. They cover the vain installation of the security of farmers’ land rights, vain position of the dominant role played by rural collective land, incomplete functions of rural collective land and the inadequate material assistance of farmers. The solutions for ensuring the security of farmers’ land rights are put forward, in the first place, perfecting the legislation of guaranteeing farmers’ land rights. In the second place, scientifically installing the rural land rights, which covers the following aspects, such as, clearly defining that the collective ownership of rural land belongs to farmers in law; clearly defining the main body of rural land property and eliminating the shortage of property rights; demarcating the range of public interests and clearly stipulating the reasonable compensation of main body of land expropriation. In the third place, villagers’ autonomy should be perfected. In the forth place, standardizing the system of land expropriation, which includes the two aspects of normalizing the land transference procedure and the control of collecting land tax, and establishing fair compensation standard and normalizing land compensation procedure. In the fifth place, strengthening land transference and judiciary, and enforcing supervision; in the sixth place, accelerating the development of peasants’ cooperative economic organizations and cultivating peasants’ rights keeping organization. Through the discussion on the plights and solutions of farmers’ land rights protection, the coordination of rural and urban development will be realized and a harmonious society will be built.

Key concepts: Expropriation, Land law, Property rights, Land tenure, Nonpossessory interest in land, Business, Economic growth, Economics

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