Research On The Realization Mechanism Of The Contemporary Chinese Farmers’ Land Rights

" Agriculture is a country’s significantly important industry."Recently, when conducting an investigation on the status of agriculture in Jiangsu Province, President Xi Jinping cited a well-known description of agriculture’s important position in An Biography of You, the king of Qi in The Book of Jin, once again highlighting understanding of the agriculture’s foundational status by the Party and state’s collective leaders. Evaluating the importance of agriculture from the point of view of the country’s foundations is not too much, not only because agriculture is the source of the means of production, but also because nine hundred million farmers in all walks of life are contributing to the state’s development. Since the reform and opening up,the political status, economic income and social resources utilization ability of the farmers have been greatly improved, but the overall development of agriculture is still slow, and in many areas the primitive cultivation condition is still maintained; Farmers do not have a high level of education, so their ability to participate in the industrial production is limited; Farmers’ economic strength is weak, so it is difficult for them to cope with the risk of agricultural marketing; As individuals, farmers’ influence is limited, and it is difficult for them to protect their personal interests in contending with actions of state. These problems have not only lead to lagging behind of development of farmers, but also caused many social contradictions and delayed the development process of the national urbanization and modernization. With the development of social science theories and the rise of consciousness of the individual rights, more and more scholars and farmers have realized that occurrence of issues concerning agriculture, rural areas and farmers is not just because of the economic income gap, differentiation of social status and unfairness of social security. Actually, the root core is lack of the basic rights of farmers as a social group. From this perspective, to solve the problem of farmers has exceeded the theoretical category of a single discipline of science like economics, sociology, political science and science of law, and the original governance experience of the "three rural issues" has become unable to solve the deeper social contradictions under the new situation. The complexity and urgency of the problems in the new period require that knowledge of "three rural issues" should reach a higher level than ever, aiming to build a new type of system with a core purpose realization of farmers’ land rights, realization of farmers’ professionalism, covering reform theories in economic, political and social security aspects. The key to this system lies in withdrawal of the government public power in the field of farmers’ private rights and the building of farmers’ private rights system.A similar attempt in improving the system has been proved through the great practice of Chinese farmers in land management: the process of de-administration and power weakening in which the government authority has realized "control-- concessions-- decentralization" in deciding land’s application, is the process of demonstrating and implementation of the "private right" of farmers land management. Therefore, the “Right-Power” institutional framework can become a feasible choice to realize the rights of farmers and farmers’ professionalism. Based on this, I have chosen in this article the realization of the most important land rights of farmers as my research subject, and I am taking it as a breakthrough of the overall reform of the system and reconstruction to promote the modernization of farmers’ rights. I believe that this has an important theoretical value on the solution of the problem of "agriculture, rural areas and farmers" and the realization of agricultural modernization.Based on the way of thinking of "raising questions, analyzing problems, and solving problems", this article studies one by one each of the main existing land rights of the farmers’, analyzes the disadvantages of system under the major premise of the realization of "private right property" of farmers’ land rights, and proposes some preliminary ideas for the reconstruction of rights; Under the major target of farmers "professionalism", a complete set of coordinating and improvement mechanism is put forward. The essay consists of preface, text and conclusion, the main writing thoughts are as follows:The first part is the introduction, including the reason of choosing this topic, the research significance, a general situation and a brief review about the present research in and out of China, the research thoughts and methods, and finally the research difficulties and deficiencies.The second part is the main part of the paper, consisting of the first chapter to chapter 7: The first chapter is about the basic theory of land rights, in which I made a study about the land systems of the developed countries in the world, that of the Marxism and China’s current land system, and through which I summarized a basic theory, the essence and core status of land rights; The second chapteranalyzes the development rules through checking the evolution of land rights in the different period of China, as the foundation of the follow-up study; The third chapter focuses on the basic theory, defects and their causes, and some ideas about reconstruction regarding the collective land ownership-- the most important of farmers’ land rights; The fourth chapter, through a review of the theory on separation of ownership and operating rights, and a review of the development process of the right to the contracted management of land in our country, illustrates the feasibility of separation of rights to the contracted management of land and the ownership, and proposes some opinions on reconstruction through the analysis of defects; The fifth chapter mainly studies the causes the infringement of the farmers’ collective land value-added usufruct, and gives suggestions of the corresponding solutions; The Sixth chapter mainly studies the right of financing by the homestead and the improvement of the right of financing by construction land; The last chapter provides the analysis and remodeling of the relevant supporting system on the basis of the study of land rights presented in the previous chapters and through the critical thinking on the theory of farmer’s other rights of land.The third part is the conclusion, expressing the optimistic hope that farmers’ rights can be addressed and "professionalized" in the future, in view of the agricultural policies under the new collective leadership.In summary, the implementation of farmers’ land rights and further realization of the professional farmers is feasible for the modernization and the development of agriculture in our country-- both in theory which is in accordance with the classical theory of Marxism and the development goal of a socialist country, and in practice which is in accordance with the expectations of farmers and the trend of social development. However, the complete liberation of farmers and the strategy of "big agriculture" cannot be achieved overnight. We need to constantly conduct theoretical exploration and in-depth field research, led by the scientific concept of development of academic research, and eventually build up a scientific and perfect system and harmonious social relations.