Farmers’ Rights And Interests Protection Under The Division Of Three Rights

At present,our country is exploring the reforms of rural land system,which involve agricultural modernization and the farmers.The CPC Central Committee insists on the rural collective land ownership to facilitate the separation of contract right and management right,forming the three rights division of the ownership,contract rights and management rights.The implements of the separation of the three rights,which can promote the large scale and modernization of agriculture,have become the basic direction of the rural land system reform in china.On this condition,how to protect the land rights of famers is related to not only the individuals of farming,but also the rural development and social stability.Under the background of three rights division reforms,this paper is aimed to study the issues of farmers’ land rights protection.Due to the lack of clear provisions on the content and boundary of the right to contract and management rights,there are many problems of seriously affecting the exercise of farmers,land rights and damaging the land rights of farmers in the process of farmers’ land rights and interests.For examples,the existence of the nature of management right of land is not clear,the collective land ownership,contract rights and land contracting right are limited,the management rights have similar contents with collective land ownership,contract rights and management rights remedy have defects,and so on.The paper firstly analyzes the deep reasons of the farmers’land rights damage from the system level of rural land property rights,land transfer,land control,land expropriation system,and then puts forward countermeasures.For examples,clarifying the main body of rural property rights and the ownership of three rights,improving the land transfer system,land use and land expropriation administrations,changing minds to establish the organization to protect the peasants’ land rights and interests.Finally,the paper also proposes building the mechanism of farmers’ land rights dispute resolution and the risk control mechanism of land management rights transfer to maximize the protection of farmers’ land rights.