The Right Conflict And Coordination In The Circulation Of Rural Land

Land, as one of the most important production factors, enhancing its efficiencyonly by the land flow, also only reflecting the nature of land factors by the rationalflow. Therefore, land circulation will be the inevitable trend. However, affected bysubjective and objective factors, the dispute of rural land transferring occursfrequently, which has severely impacts on rural harmony and stability.The binary structure that Chinese land exists the state ownership and collectiveownership, but their legal status is unequal, state ownership is played a bigger role.When the land of our country need to be developed, the ownership of land isconverted into state ownership instead of collective ownership, afterwards land istransferred to the occupier by the government, except for the legality of landdevelopment by the farmer, their land right can’t reveal with this limited collectiveownership. Because of the undefined laws and rules between farmer and collective inour country, it grow out of arbitrary regulation to the collective right, while it causesthe conflicts consist in the rights of rural land, and violate farmers’ benefitsseriously.Combine with the theory of Jurisprudence, the paper intend to summarize thecountermeasures to coordinate with the circulation of ownership and circulation ofusufruct, what is need to draw attention in our country. By clearly define the scopeof “public interest”, improving measures need put forward to compromise inconflicts and security the farmers’ rights, such as the government must play its roleproperly, improve the land ownership, increase compensation for the expropriationof rural collective land, define the rights of farmer and land within collective, protectfarmers’ personal rights of the land. Only if guarantee farmers’ survival anddevelopment, the circulation of rural land will carry out reasonably and effectively.