Residential Land On Legal Protection Of The Interests Of Farmers

The transferring of housing land is of great importance for the farmers; however, the limitation to housing land transfer causes the demands of farmers not able to be fulfilled. The farmers can not sell their houses, except the buyers are the members of the same collective body. So the current situation can not adapt to farmers’need and the trend of urbanization, and it is necessary to reform the legal system of housing land in rural areas. This dissertation studies the legal protection for farmers’interests in housing land transferring as the following parts:The first part is a brief introduction which contains the backgrounds, the literature review, methods and thoughts, and new points in this dissertation. The second part is relevant laws, policies and practice about housing land transferring. This part analyzes the laws, policies such as property law, land administrative law and so on, and maintains that current laws and policies lay much emphasis on the limitation of housing land transferring to maintain the stability of the legal system of collective land. However, there are lots of so-called small property house and illegal transactions of housing land are popular in rural areas. The third part is the consequence of the limitation of hosing land transferring. This part analyzes the current situation of house land transferring and maintains that the property right of the farmers is not well-protected, so lots of housing land is abandoned, and social property can not increases in the process of housing land transfer. The fourth part analyses the reason why housing land transferring is strictly limited. This part studies this issue from three perspectives as legislation, concept and interest. This part maintains that some laws are not scientific and unreasonable; there are lost of wrong ideas about housing land transferring and the interest conflicts lies in housing land transferring. The last part is some suggestion on farmers’interest protection in housing land transferring. This part maintains that housing land should be transferred under law and the sphere of housing land transferring should be expanded, the housing land transferring market should be established and the transferring gains should be reasonably allocated.