The Study On The Legal System Of The Circulation Of Rural Land Based On Community Development

Agriculture is the basis of our national economy, and the rural land is China's most basic factors of production of agricultural cultivated. But cultivated land per capita resource is very little. How to improve the efficiency of the rural land use is faced with the reality of our current problems. Traditional population-based land subdivision caused the cultivated land per capita narrow, management scattered, output in lower. China's agricultural production cost is high, efficiency is low, and market competition ability is bad. As the international market industrialization of agriculture and agricultural trade competition becomes increasingly fierce, with the deepening development of the market economy and push forward of the new rural construction, the circulation of rural land become inevitable trend. But our country rural land circulation is still in the primary stage, there are a series of problems and restricting factors. We must expand the research angle and basic theory of the circulation of rural land, and use a variety of basing on the situation of domestic and foreign advanced experience and reference, and explore out systematic from legal level system and operation mechanism, promoting China's rural land circulation, scale conversion and orderly flow, healthy circulation efficiency.First, for innovation in the rural community development view, this paper discusses systematically about the basic theory of the circulation of rural land, using the discipline theory of law, economics, and so on, for reconstructing the theoretical foundation of the circulation of rural land. We use the land development rights theory, community development rights theory, interest and interest system theory, theory of rights constraints, theory of institutional change, and scope economic theory. This paper analyzes the origin of rural community theory and analyzes the relationship between the community development and the circulation of rural land. The research on multiple theory perspective, hopes to guide the study on the legal system of the circulation of rural land based on community development, and establishes the foundation for this study.Second, using research methods of comprehensive documentary analysis and contrast analysis combined, normative analysis and empirical survey combined, this paper research the current situation of circulation of rural land in deep, aiming at finding out the existing problems and analyzing reasons. Research shows that rural collective land ownership subject are not clear, and circulation program is not standard, land circulation fragmentation phenomenon seriously, and farmers' rights protection mechanism is lack, which restricts the pushing of the circulation of rural land. We investigate its reason, find that the legal system is backward, the subject is in a single scattered, the administrative management and service is lack, the market mechanism is not mature, farmers' interest demand channel isn't work. These problems are the major factors. Additionally, this paper also refers to the advanced experience of the United States, France, Japan, South Korea, The Philippines and the Chinese Taiwan area, analysis and draws the beneficial enlightenment and reference.Third, this paper put forward premise of the circulation of rural land based on community development, including the materialized of rural collective land ownership, the back of contracted land power, the rights and obligations of the reasonable configuration. The legal concept and legal value of the circulation of rural land are breakthrough and ascend. We should observe the substantial fairness, the tilt protection and sustainable development idea, and practice with reasonable paid in accordance with the principles of voluntary, interest coordination and interests balance principle, the dominance of the market and government monitoring of principle. Then this paper sound legal system of the circulation of rural land based on community development, including the legal and regulation system, the administrative management and service system, the market to regulate and operation system, diversified promotion and security system, and the dispute diversified resolve system. And then this paper innovate the organizational circulation of rural land based on the community development from the main body structure, process specifications, profit distribution, the information disclosure, and incentive and restraint system.Finally, the study innovate the operation mechanism of the legal system of the circulation of rural land from the subject interaction and coordination mechanism, the transfer program cohesion and operation mechanism, moderate propulsion and restriction mechanism, and matched security mechanism, with the purpose of realizing the interaction and dynamic operation of the legal system internal elements. All in all, through the complete system innovation and mechanism structure, the research purpose is playing the role of rural community in the process of rural land circulation, and combining land object development rights and farmers subject development rights, and developing and growing the rural collective economy, and realizing the circulation of rural land with the farmer'rights and interests protection promote each other.