Abstract

With the development of economy and market in rural china, it's became hard for agriculture productivity capacity and farmer's living standard to improve further more than before due to the land system. Specially, there is a path dependence of land system set by the command economy in past, the land system in rural was embedded in the relationship between the state, collective organ and farmer. Since reform and opening, there has been some obvious changes in this relationship, for example, the function and role of local governments have been more important and active, and they get so powerful and independent that they can intervene the process of land transaction, but the relationship between state, collective organ and farmer has not changed in essence, the state is still the supreme holder, the property right of land still belong to collective organ, and the farmer is just the operator as the same as before. Under this rationship, the farmer can seldom decide how to do in the process of land transaction, and it's difficult for them to get return corresponding to their role. Base on their own interest, the local governments and collective organ often break into the process of land transaction, the empirical resources of Jiangsu province show that local government's function has been distorted in the land transaction, the research on cooperation of land also indicate that it's hard for farmer to maintain their legal rights of land. how to reconstruct the relationship between state, collective organ and farmer, and how to redefine farmer's land rights are very important. So the state-building based on farmer's right is a necessary work for China.

Keywords: land transaction; state; collective organ; farmer; cooperation of agriculture land