The law stipulates that the number of people will not be increased and the number of people will not be reduced, and some people will not be reduced
The conflict between safeguarding farmers' rights and safeguarding the security of cultivated land.
Farmland is the foundation for the survival and development of farmers, and it is particularly important to protect it effectively. Among the many problems existing in the current circulation of agricultural land in China, China's "Property Law" has clearly put it forward"No one is allowed to have one field, and one person is not allowed to have one field"principles. The purpose of this clause is to ensure that farmers can protect their rights to agricultural land and avoid damage to the interests of agricultural land due to the division of land by multiple people. However, this clause has also caused a lot of controversy and doubt.
A few lessons from the case of Xiao Wang and Lao Wang.
After Xiao Wang returned to his hometown, he planned to divide a piece of land to grow crops, but he couldn't get it because of such a rule. In Xiao Wang's opinion, this is a bit unfair, although his father works alone on the farm, but he is a member of the family, so he has his own acre of land. Lao Wang felt that this rule was very fair, and he farmed alone, so this land belonged to him. This incident raises questions about how the land is divided and how the interests of the family are balanced.
Not a penny more, not a penny more" rule of "pros and cons.
1.Guarantee of farmers' land rights: This clause guarantees farmers a long-term and stable income from the land they own. In rural society, cultivated land is the most important asset of peasant households, which is related to their survival and development. among others"Increasing the number of people does not increase, and decreasing the number of people does not decrease"The basic principle is to protect the land rights of rural households and avoid infringing on the interests of rural households because one person has more land.
2.Maintaining the stability of rural land: The system ensures the stability of agricultural land by strictly limiting the division and movement of agricultural land. If there is no such article, it will lead to the arbitrary allocation of land, cause confusion about the use and operation of land, and in serious cases, cause land disputes. The basic principle of "one person shall not have more than one acre, and one person shall not have one acre" is conducive to maintaining the overall stability of cultivated land.
However, the system has also caused a lot of problems and debates. For example, due to regulations, some families are not able to allocate their land appropriately according to the actual conditions. In addition, in some specific circumstances, if there are significant differences or unfair treatment between family members, it will lead to conflicts and frictions between families.
Correctly understand the land rights of peasant households and the interests of peasant households.
In disputes arising from the rule of "one person cannot have more land, and one person cannot be reduced", it should be considered and handled from both the legal system and the social aspects. First of all, we should abide by the rule of law, which is the basis for safeguarding our rights and interests. In this regard, we should improve the legislation and social system, rather than simply raising objections to the fairness of the provisions.
Second, it is necessary to comprehensively consider the various problems arising from the system and formulate specific countermeasures to these problems. For example, through a sound rural homestead trading system, farmers will have more choices and more opportunities, so as to ensure the flexible use of rural homesteads and the balance of interests between rural households.
Fourth, from the overall point of view, it is necessary to fundamentally solve the "three rural" problems in our country. **Farmers, experts, scholars, and civil society organizations need to strengthen exchanges and cooperation to find a better way to protect farmers' farmland rights and promote rural stability and development.
This paper argues that safeguarding peasants' right to cultivated land has a bearing on the stability and development of the whole society. Although China's current legislative concept of "no one is allowed to have more land, and no one is allowed to have half of the land", it has also caused many problems and controversies. In order to be dealt with reasonably, it is necessary to comprehensively consider the existing problems on the basis of respecting the legal system, and protect the farmland rights of farmers from the aspects of improving relevant systems and enhancing public participation, so as to maintain the stability and development of farmland. Only in this way can we effectively safeguard the rights and interests of farmers and promote the overall development of rural areas.