Advance Journal of Food Science and Technology 11(10): 680-685, 2016 DOI:10.19026/ajfst.11.2763 ISSN: 2042-4868; e-ISSN: 2042-4876 © 2016 Maxwell Scientific Publication Corp. Submitted: September 7, 2015 Accepted: October 11, 2015 Published: August 05, 2016

Research Article Study on Guarantee of Peasants’ Rights and Interests under the Strategy of Land Resources Sustainable Use

1Miao Miao and 2Li Changjian 1College of Economics and Management, 2College of Humanities and Social Science, Huazhong Agricultural University, ,

Abstract: This study has analyzed the difficulties of the guarantee of farmers' rights and interests from the angle of guaranteeing the whole rights and interests of farmers in the carrying out of strategy of land resources sustainable use of land resources, the content mainly expounds the theory of sustainable development, theory of institutional change, theory of property rights and theory of interests and come up with the concept that establishing the perfect peasants’ rights and interests security mechanism is the important foundation for the implementation of land resources sustainable use.

Keywords: Land resources, land resources sustainable use, peasant land right, rural land circulation

INTRODUCTION development of social economy reality, the contradiction between small-scale peasant mode of Farmland is the farmer's basic means of production and big market is more and more prominent, production, it is also the core source of the wealth of a land circulation becomes the important means of the peasant family. The key of the protection of farmers' present farmland scale operation, modern agriculture land property rights is from the legal level to establish development, farmers' income increase (Chen, 2009). farmers in accordance with the law on property rights owned and farmers from the market level established in RESEARCH OVERVIEW accordance with the law of property rights of land income. Farmers' land rights refers to the object of a The land acquisition: In most countries and regions in bundle of rights to rural land property, the right is the the world, it has established the system of land core contains possession of rural land, right of use, expropriation compensation giving corresponding usufruct and disposition of land these property in land, compensation to the loss caused by the holder of the (Liu, 2010). Our country has made outstanding original land (Gao, 2010). Scope of land requisition achievements in implementing the strategy of land basic point: under the land privatization, land resources sustainable use, the urbanization level and expropriation is limited to public purpose and to give living environment has improved a lot (Liu, 2010). clear list in most developed countries in order to ensure However, these achievements to a certain extent is at farmers' interests. On the choice of compensation the expense of the legitimate rights and interests of standard, most developed countries are as far as possible farmers which should not be ignored. under the premise that voluntary transactions in the Rapid urbanization push lead to sharp market price are as a standard for full compensation. exaggeration, city scale also resulted in huge loss of The United States constitution, the scope of land arable land resources, the most important is to protect requisition is limited to "public purpose", need fair the land rights and interests of farmers to safeguard compensation, to exercise the powers of the government farmers' management of the agricultural production, it and relevant institutions, it is clear that the government's is very important to both farmers' interests and the authority is clear in law and also made it clear to public national food security. The current rural land contract purpose. Land expropriation compensation standards and management rights in implementing the system will be subject to market price and have strict once played an amazing at the beginning of the restrictions (He, 2012). As far as possible considering to performance, but with the development of the socialist protect the rights of the landless people, private land market economy, production and business operation ownership to get a good maintenance. The research on mode as the unit of household has not adapted to the land acquisition of American government by Xiang-min

Corresponding Author: Miao Miao, College of Economics and Management, Huazhong Agricultural University, Wuhan, China This work is licensed under a Creative Commons Attribution 4.0 International License (URL: http://creativecommons.org/licenses/by/4.0/). 680

Adv. J. Food Sci. Technol., 11(10): 680-685, 2016

Li (2007) in Kennedy school at Harvard University Rapid urbanization push leads to sharp expansion of researcher thought the government is trying to get city scale, also results in huge loss of arable land needed property through voluntary trade in general (Liu, resources, main way of protecting the land rights and 2011). interests of farmers is to safeguard farmers' management of the agricultural production, both farmers' interests and The rural land circulation: As for the scholars, national food security, it is very important. In addition, research situation of farmland circulation in Britain: the development of urbanization needs a large number Tenant farmers through land lease way to obtain because of collection of agricultural land in order to meet the of farmland concentration by a few big landlords and the construction land in city expansion, leading to the possession in Britain in the late 19th century, the tenancy emergence of a large number of land-lost farmers. There conditions is very favorable, rent rate is very low are many unreasonable points in current land (average about twenty percent of production value), the expropriation system, farmland expropriation system rental period is longer, so it can be accepted by the local using the pattern of planned economy, the compensation peasant. Plus industrial rise, can make the original for farmers only is considered farmland productivity agricultural population large gathers (Zhang, 1966). The gains, not considering the market value of farmland. The British government adopt foster smallholders policy, are rest of the world take the market value as the land loans to help small farmers to buy land legislation. In expropriation common compensation basis. So the 1970 through the act of farmland has been clear about "agriculture, rural areas and farmers" issues in the nexus the farmland leasing to promote farmland circulation. of contracts is the land problem. Guarantee of farmers' Government set up a special entity undertaking group land rights and interests is the key to solve the farmland management, the business content mainly "agriculture, rural areas and farmers" issues. includes land trading services, for the funds required for the agricultural land and unused land for loans, rent, Research plan: The study is based on this project rental service, etc. This kind of government intervention organization to carry out field research, in this part the in farmland circulation service platform construction author takes province as an example to examine the status quo of farmers' land rights and interests in our effectively promoted the farmland circulation. From the country. In order to understand the current farmers' land point of the current farmland circulation research rights and interests of the state of Hubei province, we situation, purpose and results of farmland conversion are respectively, in May 2012 and September 2013 multiple expanding farmers. research team of Hubei province land resources situation, the rural land contracting policy, rural welfare STUDY ON THE STATUS QUO OF FARMERS' policy, farmers' burden and so on. Research sites for LAND RIGHTS AND INTERESTS IN Hubei province agricultural production, expropriation, OUR COUNTRY land circulation is the typical area, including Wuhan Jiangxia , Huangpi area, Xinzhou district, Background and the process of empirical research: city these eight areas; Survey covers the Currently our country has entered the mid-term local governments, the local community residents development stage of industrialization and is turning committee, villagers' committee, agricultural leading into the stage of post-industrial, people's living standards enterprises, professional cooperatives, farmers, etc.; have been greatly improved and China is striding Survey methods include questionnaire survey and forward a higher level of well-off life under the interview with household, collection of the data obtained leadership of the party. However, there are all kinds of by means of investigation, statistics and analysis, lay the problems within the development of our country. "Three ground for this study. rural issues" as an example profoundly affects the whole situation of China's economic and social development, Development of farmland changing market situation our country is an agricultural country, farmer population analysis: According to our survey results, on the village accounts more than half of the total population in China, of farmland circulation situation, 60.56% of the villagers which can be said, there is no modernization of the select their contracted land farming, at the same time, whole of China without the modernization of farmers. according to our practical investigation, there is also a Increasing farmers' income is the center of the current considerable proportion of land subcontracting and land party and government work. Currently, rural rent everywhere, choosing a small number of development has been faced with the severe form, the subcontracting rent (21.68%) and choosing the most dual structure in urban and rural income gap between subcontract or rental accounted for 10.35%, in addition, urban and rural areas in rural infrastructure, social there are 7.41% of the region have all subcontracting or security and urban conditions. The "fause" problem of rent out (Fig. 1). main body caused by the rural collective land ownership Table 1 shows the reasons for people under has seriously restricted the rural collective economy investigation don't want to transfer lands (multiple development, also produced a series of problems such as choice). According to our research, most of the farmers loss of farmers' land rights and interests. said they don't want to go out to circulate the contracted 681

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Table 1: Reasons for people under investigation don't want to transfer lands (multiple choice) Reason for people under investigation don't want to transfer lands Chad number Proportion of the total Farming is the main economic source 136 71.2% Old life without guarantee 153 80.1% Ensuring their children's education expenses 97 50.8% National policy is not clear 78 40.8% Land circulation is not standard 71 37.1% Employment difficulties 119 62.6%

technology to the countryside, not only to promote agriculture by applying scientific and technological advances, but also make the farmers become more aware of national and related policies. Table 3 shows view of people under investigation on China's agricultural subsidies amount of standard. Due to the limited financial resources in our country at present, the low amount of direct subsidies to farmers, so that the price fluctuation of agricultural products for farmers to benefit influence did not reduce because of the agricultural subsidies. In the survey, people think now agricultural subsidy through high number is zero, that is the problem of low agricultural subsidies now is a national consensus, therefore can only strengthen the agricultural subsidy policy cannot weaken. People who think the agricultural subsidy through low 76%.

According to the budget, farmers in China due to the Fig. 1: Condition of land transfer exemption of agricultural tax, subsidies for growing superior seed varieties and comprehensive income land, the proportion is as high as 71.2%. As for the support to farmers and the benefits of about 80% were cause of not circulate farmland, 71.2% of the farmers agricultural materials rise in price is offset, which cut said no farming is the main source of economic, 50.8% down the farmer's production enthusiasm, also caused of the farmers said cannot guarantee their children's the bad influence on the development of grain education fees, 80.1% of the farmers said living source production. without worry about her old age security, 37.1% of farmers considered current land circulation is not very Rural social security system implementation status: standard, worrying about interests are damaged, 40.8% Table 4 shows channels to know the new rural of farmers fear the national policy change and bring cooperative medical system. When asked about the local their losses. In addition, 62.6% of respondents said to farmers from where learn of the new type of rural non-agricultural employment is difficult, so there's no cooperative medical care, 25.4% of respondents are reason to the hands of the farmland flow out. advertised through the door way to understand the new type of rural cooperative medical care; 40% of those Study on the agricultural subsidies of subjects: polled by way of radio and television news to Table 2 shows awareness of people under investigation understand the new type of rural cooperative medical on the legislation of agricultural subsidies. Through the care; 13% of those polled by leaflets acceptable way to analysis of 193 questionnaires of recycling, we found understand the new type of rural cooperative medical that the popularity of agricultural subsidy legislation care; 21.8% of the respondents understand the new type knowledge is low, only 8.7% of the people of legislation of rural cooperative medical care through other ways, is quite understand, knowing some countries promulgated according to the laws and regulations of the for example through convey understanding between agricultural subsidy policy, grassroots cadres, social friends and relatives. people and accounts for a significant proportion among Table 5 shows the help that new rural cooperative this part, that is to say, farmers, as the main body of new medical system do for farmers. With the augmentation countryside community construction, know very little of the economic strength, the Chinese government is about the law of the agricultural subsidies, it shows that stepping up spending on social security, especially with the work is not enough on the promotion and a social security system in rural areas as soon as popularization of the law, although the agricultural possible. The new rural medical insurance has been the subsidy policy has been implemented for years, but the promotion of large area, according to our survey data, farmers on the degree of master subsidies related legal 22.3% of respondents think the help of the new rural knowledge is not enough. In the process of national cooperative medical care system for farmers is very big, agricultural departments to send of the science and 59.6% of respondents think that the new type of rural 682

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Table 2: Awareness of people under investigation on the legislation of development of industry regurgitation feeding agricultural subsidies agriculture and cities support the countryside stage, a Survey items Survey options Proportion of the total Comprehension Quite understand 8.7% large number of rural land expropriation is used to degree on legislation Better understand 15% support the expansion of city scale expropriation of agricultural Know less 30.7% compensation which does not involve huge appreciation subsidies Don’t know 45.6% income after the land use conversion. Farmers are compensated only on the basis of agricultural output Table 3: View of people under investigation on China's agricultural value of farmland and the highest do not exceed 30 subsidies amount of standard Chad Proportion of times the agricultural output of the value. The current Survey options number the total agricultural high cost of living, engaged in agricultural Subsidy standards too high 0 0% production, land income of about 2000 yuan per mu to Subsidy standards suitble 46 24% the highest standards for compensation is only sixty Subsidy standards too low 147 76% thousand yuan, but the value of farmland is entered into

Table 4: The channels to know the new rural cooperative medical the market after a few hundreds of thousands of, many system millions, this kind of land income distribution system is Chad Proportion of extremely unreasonable, farmers were not treated fairly. Survey options number the total Farmers are also Chinese citizens they contribute to the Promotion indoor 49 25.4% Broadcasting and TV News 77 40% development of China's economic strength as well, but Leaflet 25 13% the farmer's economic status is very low, low economic Other ways 42 21.8% status and further make the farmers at a disadvantage position in the social interest structure, being constantly Table 5: The help that new rural cooperative medical system do for marginalized. farmers Chad Proportion of Survey options number the total Land circulation market mechanism is lack to be Great help 43 22.3% standard: From the beginning of 1980 s, our country's A certain help 115 59.6% law began to encourage and support of the farmland Not very useful 19 9.8% circulation. To increase peasant income, farmland Useless 16 8.3% circulation in China is important way to realize the

agricultural industrialization, large scale, but in addition cooperative medical care has certain help to themselves, to the river delta, the pearl river delta and other 9.8% of respondents said they are not very useful on minority regions, our country is still at the primary stage their own, there are 8.3% of the respondents thinking of farmland circulation, circulation scale co., LTD., the that there is no use to participate in the new rural land circulation market mechanism is not standard, cooperative medical care. greatly limits the orderly conduct of farmland INVESTIGATION CONCLUSION AND circulation. Land circulation market mechanism is not PROBLEMS OF PERSPECTING FARMERS' standard is mainly manifested in the following aspects: LAND RIGHTS AND INTERESTS first, the lack of farmland circulation of transaction platform, should actively establish the land around the Unreasonable income distribution system of rural exchange platforms such as promote the health of the land: Land revenue includes productive income and farmland circulation. Second, the farmland circulation property income and for the rural social stratum, related intermediary organizations is not sound. unreasonable institutional arrangements are made to the Intermediary organizations play an important role in the detriment of income distribution system of rural land to farmland changing market, both sides of the peasants, land productivity gains and the guarantee of communication flow, promote farmland circulation of property income are not practical. From the founding of information exchange. Intermediary organization is not new China until the end of the 20th century, in the long sound in farmland conversion cost is high, scale and half a century, the Chinese government through the benefit of farmland circulation. Third, the excessive industrial and agricultural product price scissors administrative intervention. In many parts of the local transfers of wealth has created in the rural areas to cities government the farmland circulation make achievement to support the construction of industrialization and projects, or to interfere in farmland circulation for the urbanization, farmers bear the heavy historical mission, benefit of its own activity, make the market price providing the original capital for the development of mechanism play a role of limited space, violate the China's industrialization, at the same time itself has paid interests of the farmers. a huge sacrifice, low standard of living for a long time, rural social stratum, education, inadequate health care, Agricultural subsidy through is low: In recent years, farmers become the biggest disadvantaged groups, at with China's comprehensive national strength and the risk of marginalized. However, it should be the rapid increase of financial strength, China aims at 683

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"agriculture, rural areas and farmers" in the field of protection for marketization of rural land circulation investment also increases sharply. However, due to mechanism. historical debt is too much, at the same time, farmers in China is a large group, the average farmers receive Optimization of allocation function of farmland subsidies are relatively limited and the serious inflation property right trading market resource: Construction in recent years, agricultural materials production price of market-oriented operation mechanism for the farmland changing business placed on justice will help rise is bigger, agriculture subsidies for farmers was the open operation platform of the system and eliminate offset by rising prices of agricultural support is limited. stakeholders in the process of farmers' land circulation On the one hand, should increase subsidies for farmers from using their dominance chance to abuse farmers' and really have the effect of support the development of land rights and interests of behaviors effectively (Lin, the agriculture, protect farmers' grain enthusiasm; On 2010). Local governments shall formulate the other hand, increasing agricultural subsidies, corresponding institutional incentives social forces to increase the main commodity grain base, large grain participate in the construction of the rural land property subsidies, agricultural leading enterprises, guarantee the rights trading market. Through perfecting the farmland food security of our country. property rights trading market operation mechanism, the administrative leading farmland property right trading Land rights and interests of disputes is increasing: In mode change for market leading farmland property right the reality, the land rights disputes mainly in two areas, transaction mode, help to reduce some government the first field is the rural collective, farmland changing officials corruption in the process of farmland caused due to the dispute, the second field is the circulation, promote farmland property right transaction expropriation areas, because the current land efficiency and protect farmers. expropriation system in China under the unreasonable land conversion pattern of interest distribution in Improvement of social security mechanism landless peasants with the local government, developers construction for land-lost farmers: Problems of and other main body of the disputes. Land rights building the social security mechanism of the farmers disputes has become the important factors that affect caused by farmland circulation is the key to promote stability in our country, the cause of the farmers petition farmland circulation enterprises. Local governments and land rights disputes have more direct indirect should be rational allocation of farmers' land circulation relationship, must has drawn great attention of academia capital, from which to draw reasonable share for land- and government. lost farmers is used to establish the social security mechanism, to effectively protect the land rights and FARMERS' LAND RIGHTS AND INTERESTS interests of farmers. Local governments shall be PROTECTION COUNTERMEASURES UNDER allocated from the farmland transfer money working THE PERSPECTIVE OF LAND RESOURCES skill education special fund. It is used to establish SUSTAINABLE USE OF LAND RESOURCES vocational skills training for land-lost farmers, in order to enhance its from agriculture to other industry Improve the security legal system: Guarantee of employment ability. Local government shall establish a farmers' land rights and interests is the core of the system of rural residents income distribution of problem and improve the security system of the citizens' secondary system, adjust the first income imbalances in legal private property of legal system, relatively the distribution of wealth through administrative means. complete farmland rights and legal system helps to Under the administrative intervention, the secondary adjust the government as a representative of the public distribution policy system should highlight to establish interest and represented by the villagers' collective compensation policy for land rights and interests of conflict between private interests, to form a harmonious land-lost farmers losses, categorizing land-lost farmers order of farmland changing to provide stable and into three risks hardware as the core of the social reliable legal system environment. The farmers' land security system as a whole, to effectively protect the rights and interests of the legal guarantee system legitimate economic rights and interests of land-lost construction needs to change the traditional "public farmers. young private suppression" legislative idea. Local government using the administrative power to land Reasonable distribution of land rights and interests collectively owned by peasants compulsory and non- between farm households, the collective and the market price compensation strategies both deviate from government: To promote the development of urban and the equilibrium theory of jurisprudence, administrative law and in violation of the equal protection of property rural areas as a whole, we must increase the level of rights legal principle. Therefore, legislators should fully whole social welfare through the efficient allocation of mature legislative achievements developed country for resources and the property right arrangement how to reference, on the basis of both public interests to perfect directly affect the efficiency of resource allocation. the system of farmland changing law and provides legal According to the coase theorem "right must be defined 684

Adv. J. Food Sci. Technol., 11(10): 680-685, 2016 for the party eventually lead to the social welfare and interests protection, the rights of farmers as the maximization". And farmers' collective rights ultimately collective land owner didn't get the attention they should be implemented in the collective individual deserve. China is a country that rural population and rights, collective rights should be not only the set of its land proportion accounted for the vast majority, the internal farmers rights and interests, but also the author believed that farmers is an important subject to collective and farmers' rights and interests of the faithful carry out the land resources sustainable use strategy of representatives. Therefore, on the three rights land resources, under the premise to clarify the farmers' arrangement, the farmers' land rights and interests land rights and interests is more practical significant. safeguard farmers' land will be stable and increase. Safeguard the implementation of farmers' whole land Maintain the collective farmers as its internal rights and interests is the most important social basis to realize the land resources sustainable use of land representation and guarantee the collective ownership resources. This study takes an example of Hubei and puts the rights and interests and the state ownership province to expound and analyze. of land equal status, especially in business aspects of construction land, collective bargaining. At the same ACKNOWLEDGMENT time, the power of the government should be checked, the land requisition system need to be standardized, the The authors wish to thank the helpful comments government's land expropriation power range should be and suggestions from my teachers and colleagues in limited within "public welfare" land and not let it intelligent detection and control lab of HIT at Weihai. magnify. And also thank Beijing Up-tech to provide part hardware. This study is supported by the study fund of CONCLUSION HIT at Weihai (No.IMVQ02020003 and IMJQ21080002). This study aims to revealing theoretically the root of lagging in rural social and economic development in REFERENCES China. The loss of farmers' land rights and interests involved in the various institutional defects in many Chen, X., 2009. Sustainable Development and Human areas, the propulsion of urbanization lead to the cultivated land resources with extraordinary speed loss, Development. People's Publishing House, Beijing. loss of land requisition system led to the pattern of land Gao, L., 2010. Research on Farmers' Land Rights and interests of peasants at extremely disadvantage, Interests during the Institutional Change. Science especially the central and western regions across the Press, Beijing. country, the rural collective economic organizations He, H., 2012. Protection of the law of rural land fause, lack of collective economy. The current land circulation of peasant land rights and interests. J. expropriation system also has much unreasonable; Mod. Econ., 1: 83-87. farmland expropriation system using the pattern of Lin, Y., 2010. Protection of farmers' land rights and planned economy, the compensation for farmers only is interests and innovation of farmland system. J. considering about farmland productivity gains, not Theory Reform, 2: 71-74. considering the market value of farmland. The rest of the world shows as the market value of the land Liu, A., 2010. The plights and outlets of the guarantee of expropriation common compensation basis. farmers' land rights and interests. J. Anhui Agric. Land problem is the key to the focus of Sci., 20: 109-122. contradiction farmers and grassroots government, for Liu, D., 2011. Research on the Innovation of the many years, what is happening around the land rights Circulation of Collective Land Ownership Legal. and interests of farmers’ petition phenomenon common Peking University Press, Beijing. occurrence. There are many scholars are analyzed from Zhang, D., 1966. Agricultural Economics. “National” various angles of research, putting forward some Duties of Universities Book Editorial Committee constructive opinions and suggestions. But these studies Chief Editor, Taiwan, pp: 338-339. are limited in the survival of rights of land-lost farmers

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