Study On The Protection Of Rights And Interests Of Farmers In The Process Of Farmland Transfer

Concerning the current farmland issue in China, the reform orientation has been stated explicitly in the18th National Congress of the Communist Party of China, that is, to strive to build China into a moderatelyprosperous society in an well-rounded way, we should deepen the reform of the rural land system viafarmland transfer on the basis of not infringing peasant rights. By optimizing the allocation of rural land,farmland transfer can effectively facilitate the development of rural economics and enhance the nationalagriculture competitiveness. Moreover, it is the only way to develop the agricultural modernization.However, in the process of farmland transfer, some rural grass-roots organizations infringe peasant rights incollusion with some agriculture management organizations by means of compelling transfer, distorting theprice of transfer, changing the farmland use and so forth. Such behaviors have violated the originalintention of the farmland transfer policy and have influenced the motivation that famers have to respond tothe policy. It even might cause unnecessary social contradictions. Therefore, whether peasant rights can beguaranteed effectually has become a key matter of farmer land transfer.Based on the relevant literature and theoretical knowledge, this paper will study the matter byfollowing three steps, that is, coming up with questions, analyzing reasons, and solving problems. Firstly,the paper defines farmland transfer, peasant rights and other relative terms according to the previous studies.Meanwhile it explains the game theory and the property right theory. Secondly, it builds the game model topresent clearly the situation of multilateral game in farmland transfer and points out the awkwardphenomenon that farmers have to transfer the farmland even though they know their rights are infringed.Furthermore, this paper, by analyzing the concrete aspects of the infringed peasant rights, finds out theunderlying reasons of this phenomenon, such as institutional reason, administrative reason, market reasonand individual reason. Finally, the author proposes three methods to protect peasant rights, i.e., improvingthe relative national laws, institutions and policies; upgrading the operating mechanism of farmland transfermarket; and enhancing farmers’ dominant position.