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Agricultural land rights structure is present in the agricultural land on the right allocation. Land the core and essence of the legal system, that is, the configuration of land rights, land law system task is how to scientifically rational allocation of land rights. Land rights, rule of law is not just a legal issue, is also an economic issue and even political issues. China is currently one of the basic conditions of agricultural population in the vast majority of the country's population, agricultural land plays a largely rural population's basic social security function, while the entire industrial structure of agriculture in the country living in basic position, Therefore, the design of the structure of agricultural land rights issue is a matter of stability of the state's major problems. However, in reality, have emerged a large number of non-normal phenomena, including the exercise of ownership of agricultural land on behalf of the rural grass-roots officials and human struggle for power and abuse of the right to use agricultural land use violations of human interests and so on. After the rights have been violated, agricultural land use people lack effective legal weapons to protect their legitimate interests, the court also sense a lack of clear regulations for applicable. The emergence of these phenomena, there are practical reasons, there are historical reasons. Its historical reason is that China's current agricultural land right structure is a product of irrationality, lack the necessary theoretical basis and scientific design of the system. The reason lies in its practical agricultural land rights of our current structure itself is seriously flawed. China's current agricultural land right configuration of the basic structure is: collective, farmers use. Deconstruction of the existing power structure of agricultural land, we can find in the ownership level, its biggest flaw is the subject of rights virtual spaces, that is, collective ownership of agricultural land is not clear right carrier. From a legal requirement analysis, \This is the real source of the problem lies. The right level in the use of existing agricultural land contract and management rights despite its inherent characteristics and the nature of property rights is very similar to the traditional civil law Emphyteusis while having Jus, however, because its meaning is unclear, extension is unknown, the right content lack of specific and adequate provisions, therefore its effectiveness is very weak, can not be legally proper protection. This is an important reason for generating real-world problems. To overcome these problems is to make the structure of agricultural land new design that is right for refactoring. However, there are underlying theory and present two representative legislative model there are different degrees of deficiencies. Them or avoid agricultural land rights clearly defined structure, or representations vague, or empowerment is not sufficient, or not considered comprehensive and so on. In view of the foregoing analysis, we believe that our current must reconstruct the structure of agricultural land rights. The new system is designed to be both realistic and forward-looking, inheritance and creativity. The new system must operate with the protection of agricultural land resources in seeking to protect the interests of agricultural land use and cultivation of agricultural land market several purposes. The new system should not only recognized but also to guide and transform reality reality, the general idea of state-owned civilian marrow. Specifically, in the face of all maggots, collective ownership of agricultural land should be abolished, but to maintain public ownership, can implement a broad nationalization throw; negligent stolen plane, giving agricultural land to make one full month pick the right gate q Na content, including the right to freedom of cricket Na transfer, lease, inheritance, abandoned and property rights, etc. on request, and to establish a set of agricultural land on the moon right to acquire, change and destroy the system to regulate agricultural land transfer of the right to conduct the month, maintain normal circulation Peng, foster healthy cricket transfer market.
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