Abstract:It is reasonable and necessary for entrepreneurial farmers to continue enjoying their rights as members of rural collective economic organizations, such as the rural contracted land management right, the right to the use of homesteads, and collective income distribution rights. However, in practice, it is difficult for farmers who start their businesses in cities to enjoy and realize their property rights back in their home towns. On the one hand, there are some unreasonable criteria for the qualification of the membership rights in rural collective economic organizations. On the other hand, the construction of rural land use rights transfer system is slow. We should reform the criteria for the qualifications of the membership rights of collective economic organizations, ensure that farmers do not lose their qualifications as a result of starting businesses in cities, and allow collective economic organizations to work autonomously to formulate rules for changing the qualifications of the membership rights. When rural collective economic organizations no longer assume the function of guaranteeing farmers’ basic livelihood, the membership rights should be converted into property rights. Therefore, it is necessary to improve the rural land use right circulation system in accordance with the market rules, set rules for delegate implementation of the collective income distribution right, and explore a system which allows the farmers to transfer their membership in collective economic organizations.
张安毅. 进城创业农民农村财产权益保护的制度障碍及路径重构[J]. 《深圳大学学报》(人文社科版), 2018, 35(6): 93-100.
ZHANG An-yi. System Barrier and Path Design in Protection of the Property Rights of Entrepreneurial Farmers in Cities. , 2018, 35(6): 93-100.