The Practical Logic Of Land Right Definition Under The Participation Of Multiple Subjects

In regards to advancing the reform of rural land " Three right division",the state has called on all regions to accelerate the right of land confirmations and clarify property rights boundaries of all kinds of land.However,the author(include name)made an observation in the field survey: the contradiction between the farmers' active rights and the "passive" rights of the local government.After the public prosecutor,in cases where the local government loses the case,it still has the right to adopt the "drag" strategy.From the trio of local government branches,judicial organs and villagers,two problems can be seen.First,the national system and local system are not connected,being the court ruled against the local government.It is worth considering what the origin is of this kind of occurrence where the rural land is right in the plight.In the context of market transformation theory,Previous studies have put the issue of rural land rights in the framework of the state and society.These studies point to the characteristics of national and local governments in market transformation.The role of the country is regarded as a whole in property rights define or is divided into the central government and local government at the national level,and such a division is still unable to explain that the author see multiple subject interactive phenomenon in the fieldwork.On the basis of existing research,the author tries to interpret the problem of land confirmation as a unique institutional practice of China.This system does not separate government from farmers,but also a judicial branch and other social mediums set up in parallel with the government.By presenting the interactive process between local governments,judicial organs,social media and farmers,the paper tries to explain why the three actors formed this "triangle" situation.With these problems as guide,this study H province in the middle of a village land approval process as a case,based on the social perspective of property rights is investigated under the background of separation division land rights define unique mechanism.This study,as for the problem of rural land counterpoising truly a interaction system under the framework of various main bodies,points out that the farmland property rights system is embedded in the country,the local government and the relationship between farmers and land rights definition is the result of the interaction.On the one hand,the state,as the ultimate arbiter of agricultural land,forms a situation of "competing with the people".However,the state is also the protector of farmers' land rights.The dual face of the country changes with thedifferent mechanism of property right recourse.