The Implementation Status Of The Current "Rural Land Contract Law" And The Improvement Recommendations

With the socialist market economic system and agricultural economy to a new stage of development, how to implement the "People's Republic of China Rural Land Contract Law," and safeguard the rights and interests of farmers, is a new issue in building socialist countryside, and comprehensively promting the well-off rural areas."Rural Land Contract Law" has been implemented since March 1, 2003, however, the rural areas of Jieshou City in Anhui Province were surveyed by the author has basically completed the 30-year land contract. Therefore, up to 2007, farmers have contracted the land for more than three years. Well, over the past few years, what is the impact of the law on the farmers in real life? In the view of this problem, the author has made a series of interviews and investigations.In the survey, the author found that the farmers paid more attention to the regulation of the land contract period. Article 20 of the Act provides that the land contract period is 30- year. This provision is to maintain the stability of land contract, and from the legislation to safeguard the farmers to obtain the long-term contracted land management rights, which is also the positive result for 30- year contract period. However, many farmers thought that 30 -year was too long , and ought to base on the stable contract, according to the actual situation, and appropriately adjust the contracted land, which could achieve fair. At the same time, some farmers didn't be clear for the main part of the land ownership, and did not know the amateur of rural land contract, but farmers had confidence in the existing land contract policy, they generally expected the household contract system would continue to endure.The transfer of contracted land management rights and land contract disputes are prominent problems. In the land contracting process of the transfer right, due to the lack of legal awareness, especially awareness of the contract, few farmers signed a written transfer contract, even if there was a written contract, the content wasn't standard. With the implementation of state's preferential agricultural policies, such as cancellation of the agricultural tax, farmers have great enthusiasm to farm, many farmers want to retreat the transfer land, therefore, the disputes is generated. Since the development of the urbanization process, land requisition in rural areas is relatively common, especially some villages located in the city fringe have also taken place many disputes, surrounding the compensation for land requisition. At the same time, because of the litigation costs, most farmers adopt non-litigation approach to resolve land disputes, the majority of land disputes can be dealt with fairly.Towards such contradictions and problems what have happened, in this paper, the author has some surveys and interviews in the rural areas of Jieshou City in Anhui Province, then a serious analysis and reflection is given, and puts forward some proposals in view of the problems, in order to better implement the "People's Republic of China Rural Land Contract Law".