Research On Rural Land Legal Problems In Urbanization Process

In November8to14,2012, the18th National Congress of the Communist Party of China(CPC) was held, the congress promoted industrialization, informatization, urbanization,agricultural modernization synchronization development. In December15to16, at the centraleconomic work conference proposed that urbanization is the historical task of modernizationconstruction in our country, is also the greatest potential for expanding domestic demand, toimprove the quality of urbanization around, improve the occasion, the disadvantages, andactively guide the healthy development of urbanization. Government work report in2013saidthat Urbanization is a historical task in China’s modernization drive, and urbanization andagricultural modernization complement each other. We should conform to the objective law ofurbanization and carry it out actively yet prudently. We should promote sound development ofurbanization by making plans scientifically, balancing geographical distribution, coordinatingurban and rural development, using land economically, and tailoring measures to localconditions. In the process of urbanization, will inevitably accompanied by economic, social,and cultural and other aspects of change, resulting in a series of economic and social problems.The rural land problem is undoubtedly a very sensitive and key and an enormous rippleeffects of a problem, it is not just a simple agricultural land to non-agricultural land useconversion, but also involves to efficient use and protection of agricultural land problem,relates to the survival of the security and sustainable development, involved to protectfarmers’ legal rights and interests, involves the social stability and security, etc. China’scurrent rural land issues during urbanization in cultivated land resources, a large number ofsharp degradation loss, land quality, land use efficiency is low, especially the farmers landrights severely damaged. From the basic cause of the current rural land problems, are notperfect land system, irrational government management and the lag of the marketdevelopment. To solve in the process of industrialization and urbanization undoubtedlyinvolve problems of the rural land property rights system, the government control, marketmechanism, and a variety of measures such as laws and regulations. The basic train of thoughtto solve the problem of current rural land is: the perfect rural property right system, deepeningthe reform of land requisition system, standardize the functions of the government, cultivatingthe land market system, especially to strengthen the construction of legal system. Meet the needs of the new urbanization process constantly improve, the rural land legal systemconstruction should follow the following basic requirements: namely on the basis of themodified improve land management, speed up the collective construction land circulation andland expropriation system reform legislation work, step by step based on the construction ofland use planning, land use control, and land and inspect laws and regulations, and eventuallyformed a set of relatively perfect rural land legal system.