Problems and Solutions of Protecting Rights and Interests of Land-expropriated farmers during Urbanization--A Case Study of Henan Province

This paper discusses existing problems in protecting rights and interests of land-expropriated farmers' during urbanization,such as those farmers' failure to obtain benefits from land increment,difficult employment and imperfect social security system.Reasons for losses of farmers' rights and interests mainly include defects in land management and expropriation system,and uncoordinated development of urbanization and industrialization.However,the basic reason is urban and rural dual economic structure.On the basis of these situations,it puts forward solutions to protecting rights and interests of land-expropriated farmers:let land-expropriated farmers share land-increment benefits from land marketization;establish effective employment security system and perfect social security system,to make land-expropriated farmers share supply of public goods equal between rural and urban areas,and realize the inclusive growth balancing urban and rural areas.

The Plights and Solutions of the Farmers' Land Rights Protection

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.

Land Expropriation and Constitutional Protection of Farmers' Rights

One of the reasons for many social tragedies resulted from land expropriation in China is failure of the constitution to bring into play its due functions in standardizing land expropriation power of the government and protecting farmers' rights.In the existing land expropriation system,government is not only a policy maker of land expropriation,but also a "referee" of dispute over land expropriation.Government' land expropriation power and land-expropriated farmers' rights become out of balance.As a result,some local governments do not attach importance to farmers' rights,making land-expropriated farmers dissatisfied and consequently leading to some social tragedies unfavorable for harmony and stability.To fundamentally settle disputes over land expropriation and realize win-win of farmers' right and state interest,it should bring into full play functions of the constitution through protecting farmers' right to participate in land expropriation and establishing constitution evaluation mechanism.

Analysis on Farmers' Land Right Protection

Land is the fundamental income sources of farmers. However, farmers stay at disadvantaged statge in the political, economic and social aspects. Their land is exploited and occupied, which facilitates the rapid development of economy, as well as brings the gap between the poor and the rich and the inharmonious disputes. The necessity for protecting the land right of farmers under the new situation is expounded, covering the necessity of carrying out the relevant agricultural policies; the necessity of improving rural economic status and narrowing the gap between urban and rural areas; the necessity of reducing land disputes and constructing harmonious society. The violation of farmers' land rights is analyzed from two aspects. The first one is the violation of farmers' land right in land tenure section, which includes the lack of ecological compensation system the lack of contract operation right; the second one is the violation of farmers' land right in land transfer section, including the absence of land requisition system, substandard land contract and land transfer and the limitation of house stead circulation; the third one is the vacant of land development right affects farmers' share of enjoying the added value of land. The countermeasures for protecting farmers' land rights are put forward. The first one is clarify land property; the second one is normalize and perfect land requisition system; the third one is appropriately loosen rural land transfer policies; the fourth one is establish ecological compensation and land development right compensation system.

Analysis of Hidden Danger in Farmer's Rights and Interests during Farmland Transfer——An Evaluation of Rights Safeguarding Effect of Farmland Transfer Contract

Taking Shuangliu County,Chengdu City,China as an example,evaluation index system for the rights protection effects of farmland transfer is established contract from three aspects of basic information,transfer agreement and legal safeguards in the contracts.According to the investigation data,weight of evaluation index is determined by both entropy weight and Analytic Hierarchy Process.Comprehensive index method is used to evaluate the rights protection effects of farmland transfer contract in the flat dam,high hill and low hill in Shuangliu County,Chengdu,China.Result shows that the transfer agreement of farmland and the basic information of contract greatly affect the rights protection effects of farmland transfer contract.There are differences in the five indices of the information of the signature of contract,pricing for payment,time limit for farmland transfer,transfer mode of farmland,and use range of farmland transfer.During the farmland transfer in reality,there are three hidden dangers in farmer's land rights and interests,which are the ill-formed transfer behavior,the relatively low income of farmers from farmland transfer,and the quality decline of farmland and difficult full reclamation in transfer period.Based on the evaluation result and investigation data,countermeasures are put forward to improve the rights protection effects of farmland transfer contract.

Law Absence and System Construction of Equal Material Assistance Rights of Farmers in China

Firstly,conception of farmers' equal material assistance rights is introduced from the aspects of equal rights,material assistance rights,and farmers' equal material assistance rights.Value function of farmers' equal material assistance rights is pointed out,which can eliminate the partial policies with urban priority orientation.It is a necessary condition for maintaining the legal and institutional authority,as well as an inevitable choice to realize the social justice and harmony.Current status of the law absence of farmers' equal material assistance rights in China is introduced,which is reflected in the lack of theoretical research on farmers' equal material assistance rights in the law circle,the lack of procedural legal system of farmers' equal material assistance rights at present,and the lack of actual law effectiveness of farmers' equal material assistance rights at present.System construction is a turning point to change the law absence of farmers' material assistance rights.Government should promote the economic development,provide material bases for the system construction of farmers' material assistance rights,enhance the legal consciousness of farmers,cultivate the ability of farmers to participate in equal material assistance rights,strengthen the procedural legislation and judicial justice,and ensure the farmers' material assistance rights.

The Current Analysis of Protection Path of Farmers＇ Rights and Causes

The problem of Chinese peasant in society is a very important issue in the process of China＇ s legal system; the farmer is very worthy subject of rights concern. The author believes that China has the right to protect their farmers in three main ways： private relief, public relief and gray channels, which play a major role in the private relief for farmers. For these channels, they are a unique reason; the rule of law should be the vision and balance for them to choose their own presence in China.

Security of Land Rights in Rural China:Facts and Trends

[Objective] This study aimed to demonstrate the current status and variation trend of the land insecurity in rural China in recent years. [Method] In the late 2011, we had conducted a systematical survey in 24 villages of two provinces including Jiangsu Province and Shaanxi Province. [Result] Survey results suggest enormous unbalance at the village level in the rights that household have been extended. In some villages, farmers seem to hold relatively long-term tenure and most of the rights, where there are less land expropriations and reallocations. Even if some land expropriations or reallocations occur in these villages, a meeting with villagers would be hold, and the villagers would be given the rights to discuss the process of the land expropriation or reallocation. In other villages, on the other hand, the land expropriation or reallocation is more frequent, and the villagers have no right to decide the process of the land expropriation or reallocation, their land prop- erty right are limited and rather unstable, while the village cadres and government at a higher level have coercive power on the land. When land expropriations or reallocations occur in these villages, no villager meeting would be hold. With the extension of time, more and more land expropriations occur, with increasingly involved area. In addition, the frequency of land reallocation is reduced, and the affected areas become smaller and smaller sis for land property rights system [Conclusion] This study had laid the theoretical bareform in rural China.

Welfare effects of rural-urban land conversion on different aged land-lost farmers:exemplified in Wuhan city

Rural-urban land conversion is a universal phenomenon in the rapid process of economic development and urban growth.The welfare of farmers who lost their farmland attracted a widespread concern within the society and academia.However,further research about differentiated policies according to the characteristics of different farmer groups is still need to be conducted.This article divides the land-lost farmers into three age groups:younger than 45,45-65,and more than 65.It proposes a welfare index system including eight functional areas based on different age groups of affected farmers,taking four districts of Wuhan City as case study area.Fuzzy mathematics method is used to derive the aggregated welfare effect index.Our analysis show that the overall welfare levels of land-lost farmers of all age groups declined,but with a varying degree,with the level of welfare in those farmers who are 45-65 years old,younger than 45 years old,and older than 65 years old decreased by 18.7%,16.6%,and 12.7%,respectively.The direction and degree of effects on the functional activity index varies among different groups.Economic conditions,living environment,health,and social participation of all age groups decrease while social security and housing conditions increase.On the other hand,development opportunities,social communication,and leisure have different changing directions in different age stages.These results call for differentiated and tailor-made compensation policies for land-lost farmers,towards improving the welfare levels of all farmers and reduce the disparity among them.

Life satisfaction approach to farmers' compensation for land acquisition:empirical study from the suburbs of Wuhan City

Farmers' compensation for land acquisition is not only critical to increasing their income and to playing a pivotal role in maintaining rural stability,but also to the promotion of sustainable land use.Based on analysis of Chinese land acquisition policy under the Land Management Law,which provides principles or guidelines for determining compensation according to agricultural land use in regard to farmers' previous quality of life,the Life Satisfaction Approach is introduced in this article to evaluate farmers' compensation for land acquisition.Employing data from a questionnaire survey on 346 farming households in Wuhan Suburbs,this article examined the influence of farmland on farmers' life satisfaction and evaluated the level of compensation for land acquisition.Results show that farmland has a significantly positive impact on life satisfaction,which fell by 0.033 on a five-point scale following a reduction farmland by of 1 mu.Respondents were willing to accept approximately RMB 3066.44 annual household income for the loss of 1 mu farmland;the level of compensation after discounting by 6.2%is RMB 750,000 per hectare.It was found in a further comparative study that the level of farmers' compensation for land acquisition is decidedly low,and it was also shown that their compensation standards,as well as the actual compensation,could be substantially improved by expanding economic compensation to non-economic compensation to embody farmland multifunction in terms of production and non-production against farmers' previous quality of life.This article proposes a compensation model that enriches the content of land acquisition compensation,extends the current literature on measuring compensation,and provides economic theory bases for increasing compensation standards and improving policies related to land acquisition.We consider that if this compensation model is applied,it could raise the cost of land acquisition and improve usage of land,reduce the speed of rural-urban land conversion,and improve farmers' well-being.

The Relationship between Landless Farmers and Land Adjustment,Land Transfer,Land Inheritance

Based on the household survey of nine villages in Guangdong Province and Hunan Province,we research the relationship between landless farmers and land adjustment,land transfer in the context of rural land contract rights on a long term basis.We demonstrate that the existence of landless farmers does not pose a serious problem for the current rural community.We also explain the reason why the land is no longer readjusted:the expected return of land adjustment is low and the organizational costs are high.

Empirical Analysis on Farmers' Willingness to Accept Compensation Whose Land is Expropriated——Based on Survey Analysis on Rural Households in 17 Provinces

According to the data of survey on farmers' land right from Rural Development Institute (the USA),Renmin University of China and Michigan S ate University,this paper conducts empirical analysis on farmers' willingness to accept compensation ho e land is expropriated and the related influencing factors by adopting Logistic model.The study indicates that the proportion of farmers' non-agricultural income,the level of economic development in the region,participation right and right to vote,exert conspicuous impact on farmers' satisfaction degr whose land is expropriated.In the provinces that are surveyed,most of the expropriated land is used for the public welfare project building,and in the current context of rapid urbanization,the conditions for defining public interests have not yet been put in place;the farmers in developed regions with more non-agricultural job opportunities express higher degree of satisfaction to the compensation for expropriated land;it is required to establish sound land expropriation compensation mechanism and bolster farmers' participation right,so as to offer fair and reasonable compensation for the farmers whose land is expropriated.

Study on Deepening Rural Land Reform and Farmers’ Income

The rural land system reform is an essential part of China s rural economic system reform.In recent years,China s rural land system becomes gradually diversified,and is developing towards market and benefiting people,which is favorable for improving the rural economy.Through more than 40 years of reform and opening up,China s rural land system reform has been continuously deepened and sectionalized,which has also affected the income of farmers.Rural land reform provides great opportunities for farmers to increase their income and contribute to the realization of land asset income and interests.However,the rural land system reform also has some drawbacks,which limit the increase of farmers income.This paper attempts to analyze the internal logic of land system reform and farmers land interests,and accordingly comes up with recommendations for deepening the rural land reform.

Rural Land Rights in China: Evolution and Case Studies

Constant divisions of rural land rights and contract renegotiations are the hallmark of China’s collective ownership system.Rural land ownership,property and operation systems in China have experienced four stages of evolution:(i)The People’s Communes,which served administrative and economic functions,exercised integrated collective land ownership,property,and operation rights.(ii)Under the system of“threetier ownership with production teams as basic accounting units,”production teams exercised the ownership right over land plots with greater autonomy and were responsible for organizing farm work.(iii)The household contract system has entitled farmers to claim surplus products and turned farm households into the basic unit of agricultural production.Subsequently,the reform of collective ownership has further enhanced farmers’contract rights and separated their operation rights from contract rights.The separation of rural land ownership,contract and operation rights marks a top-down design of the structure of China’s rural land rights after the collective ownership system and the reform of household contract system.By recognizing separate contract and operation rights without changing collective ownership,the separation aims to protect rural land contract and operation rights in accordance with the law.As in the four case studies,Chongzhou,Songjiang,Meitan and Liupanshui have experienced a restructuring of collective ownership,contract and operation rights.Their experience foretells complexities in the future evolution of rural land rights in China.

A Probe into the Mortgage Rates of Land Contract Management Rights Based on Unified Annual Output Value

The mortgage of land contract management rights has launched a pilot project in Ningxia,Hubei,Henan,Guizhou,Chongqing and other provinces,municipalities and autonomous regions,which provides a good solution to the problem of funds for rural development and plays a huge role in promoting local rural economic development.In the mortgage financing of land contract management rights implemented in various regions,how to determine a scientific,accurate and reasonable mortgage rate of land contract management rights becomes a difficulty troubling the mortgage financing of land.On the basis of unified annual output value of land,this article uses survey method,income capitalization method,and comparison method to analyze the value of land contract management rights,and finally determine the mortgage rates of land contract management rights.

Land system reform should protect farmers' interests

|Editorial Note|Land has become an issue of increasing social concern as demand continues to surge in the midst of economic development,urbanization and industrialization.The crux of the issue is the land regime. China has a unique dualistic land regime under which the land market has not been well developed.Based on a review and commentary of the existing land polices,this article elaborates on the deficiencies inherent in China’s dualistic land rights system and land market and offers policy recommendations for promoting land system reform and market development.This study will help us gain an in-depth understanding of the problems in China’s land regime.

Reform of Agricultural Land Transfer of Different Types of Farmers' Willingness

Since forty years of reform and opening up,China's rural landscape has undergone tremendous changes,and agricultural production manner is obviously improved,while farmers' living level is rose significantly.Rural land contracting and management right system plays a vital role in promoting rural economic and social development in China.In this paper,farmers under the background of the transfer of rural land contracting and management right are taken as research objects,and the difference of different types of farmers under the willingness of land transfer is analyzed.Finally,corresponding reform assumptions are proposed for transfer willingness of different types of farmers.

A Summary of Research on the Realization Process of "Separation of Three Rights" of Rural Land

In order to comply with the needs of rural social and economic development,promote new industrialization,informatization,urbanization and agricultural modernization,and realize industrial transformation,the central government clearly puts forward that the traditional ' separation of two rights' mode of rural land( collectives have ownership and farmers have contracting management right) should be transformed into the ' separation of three rights' mode( collectives have ownership,farmers have contracting right,and operators have management right) to solve the problems of farmers’ financing difficulties and agricultural land abandonment,promote the moderate scale operation of agriculture,and improve land use efficiency. It is found that the following points should be noted in the later stage of realizing the ' separation of three rights' of rural land. Firstly,the transfer of farmland management right in the process of realizing the ' separation of three rights' faces market risk,system design flaws,policy coordination failures and other problems. Secondly,the impact of implementation of ' separation of three rights' on rural and social development should also be noted.

Inquiry into Problems of Farmers' Employment under the Condition of Land Transfer

This paper emphasizes the urgency of solving the problems of farmers' employment under the condition of land transfer,indicating that solving the problems of farmers' employment is the necessary requirement of land transfer,the actual requirement of constructing well-off society comprehensively,and the objective requirement of transforming developmental model.The characteristics of the problems of farmers' employment under the condition of land transfer are as follows:the rural surplus labor forces increase,and the ubiquitous unemployment is urgent;the employment room of farmers is narrow,and the structural unemployment is serious;the ability of farmers' employment is poor,and recessive unemployment has a large proportion;the situation of farmers' employment is not so sanguine,and the policy unemployment is frequent.This paper points out the causes of farmers' employment problems under the situation of land transfer as follows:in terms of analysis of subjective factors,farmers' self-employment ability is yet to be underpinned;in terms of analysis of objective factors,the relevant mechanism of government is unsound.Finally,corresponding countermeasures and suggestions are put forward as follows:establish the mechanism of farmer traceability analysis under the condition of land transfer;strengthen the training of farmers' skills;reinforce the publicity and education of farmers' employment concept;promote the process of urbanization and construct the employment vehicle of farmers;adjust the industrial structure in rural areas and expand the internal employment in rural areas;improve macro regulation and improve the employment environment for farmers.

Land Circulation and Increase of Farmers' Income: A Case Study of Dazhou City

With adjustment of rural industrial structure,development of rural secondary and tertiary industries,and transfer of rural labor,rural land circulation is accelerating. However,due to ideas,household contract responsibility system,and lack of well-established market mechanism and effective management organizations,land circulation in Dazhou is still very slow and its contribution to increase of farmers' income is to be improved. Through survey on increase of farmers' income after land circulation in Dazhou,it analyzed plight of land circulation,in the hope of seeking feasible paths for increasing farmers' income.