The Study On The Legal Issues Of Protection The Peasants' Economy Rights And Interests In The Rural Land Circulation In Middle And Western Regions

In our country, land is the maximum interests of peasants, land is the biggest safeguard of peasants, to maintain peasants' basic rights and interests most importantly is to maintain the land rights and interests. With modernization of agriculture, urbanization, industrialization, middle rise and western development strategy to accelerate the implementation process, rural land circulation is the major trends and the only way for the development of modern agriculture. The Midwest rural land circulation facing their own particularity, difference, plus our country rural land circulation overall is in the primary phases of "stepping stones across the river" pilot, experiment, exploring, therefore the Midwest rural land circulation cannot be "one size fits all "and radical, cannot be forced.Today many countries and areas as well as our country eastern coastal developed areas has formed the relatively mature land circulation system, having considerable inspiration and reference to improve the legal issues of protection the peasants'economy rights and interests in rural land circulation in middle and western regions. From the system and mechanism for the point of view, the legal system of the main body, market regulation, the macro-control legal system, sustainable development of legal system, dispute resolution and remedies of legal system, and the representative mechanism, expression mechanism, the generation mechanism, allocation mechanism, the coordinated mechanisms, the safeguard mechanism and so on,to carry on.In research, firstly proposed the concept of economic interests of peasants in rural land circulation based on the comprehensive analysis of existing data and research findings. Secondly, analyzes the United States focused on land ownership to protect economic interests of peasants, the British emphasis on compensation, the French focus on the circulation use, the Japanese focus on the process of land circulation, and the eastern of China focuses on policy guidance and encouragement, draw inspiration: standard the legislation of circulation, pays attention to fairness of assignment benefit; clear the main body, strengthen the construction of organization; strengthen government guidance and regulation, stress its functions of management and controlling; improve the employment promotion and social security system, protect farmland strictly. Again, take the real diagnosis investigation of Hubei Province, Guizhou Province of protection the peasants'economy rights and interests in rural land circulation for example, has analyzed its existence question from the present situation and reasons. Mainly has:Those who harm the premise economic interest of peasants is the incomplete of laws and regulations; damage the vital economic interest of peasants is market is the difficult market of rural land circulation; damage the foundational economic interest of peasants is to against the wishes of farmers; damage the importance economic interest of peasants is dislocation of the government; damage the fundamental economic interest of peasants is not to switch out the economic efficiency. Finally, focuses on the improvement of circulation system, the operation of mechanism, and puts forward countermeasures include:perfect laws and regulations of land circulation, establishment market of rural land circulation, improve the peasants' cultural level, regulate the behavior of main body, build the distribution mechanism of revenue, promote the development and prosperity of rural economic, improve the rural social security system, and improve the land dispute resolution mechanisms.The thesis combines the Midwest regional particularity factors, proposed the principle of indemnificatory in rural land circulation, to think and research systematically and innovatively in the subject of legal system such as rural communities and so on, the sustainable development of legal system as promoting circulation of rural social security nature and so on, the interests of the representative mechanism as agricultural association and so on, play the advantages of Midwest region, the power of agricultural community, sharing type of distribution the economic interests, agricultural arbitration system and other aspects.