Abstract:

The paper aims to solve the transfer dispute of management rights under tripartite entitlement system of farmland. Taking Zhangbei County, Hebei Province as an example, this paper used questionnaire survey and empirical research to study the legal cognition of 364 households at the three stages of transfer of farmland management rights. The results showed that before the farmland transfer occurred, there was blind zone in farmers’ cognition on the aspects of farmland ownership and transfer policy. In the process of farmland transfer, the farmers’ consciousness of rights protection was weak, the content of the contract was not standardized, and the government supervision was not enough. After farmland transfer, the behavior mode of farmers’ rights relief was mainly non-litigation. To better protect the legitimate rights and interests of vulnerable farmers in the transfer for management rights under tripartite entitlement system of farmland, this paper puts forward some countermeasures: the propaganda should be strengthened and the intermediary organizations should be cultivated before farmland transfer; the contract contents should be standardized to improve the transfer procedure in the process of transfer; the dispute resolution mechanism should be improved to enhance farmers’ ability to safeguard their rights.

Key words: tripartite entitlement system of farmland, farmland transfer, legal cognition, contractual management rights, awareness of safeguarding rights