Abstract: Determining agricultural land ownership is a fundamental prerequisite for the legitimate rights and interests of farmers. The article analyzed some important issues attracting wide attention at present in China such as the absence of property ownership of agricultural land, incomplete and instability of agricultural land use rights, the vague definition for the right to transfer agricultural land , pointing out that it is a fundamental way out to protect the legitimate rights and interests of the peasants through such measures as derecognizing the farmers status as land owner, improving the balancing mechanism of power that should be in line with the requirement of market economy , improving the distributing mechanism for the income out of the taxation of the form land.