Study Of The Problem Of Right To The Contracted Management Of Rural Land Circulation In China

In recent years, with the development of new industrialization and urbanization in our country, the agricultural science and technology progress and the improvement of agricultural productivity, appear a large number of surplus rural labor force. In this background, on the one hand, the farmers’ land contracting by run by a family enough; Part, on the other hand, the rural surplus labor force in different ways off to town, the countryside of abandoned land, land and finely small-scale phenomenon such as poor management, household management of land. So, to adapt to the need of the reform and development of agriculture and rural areas, and the need of the development of the socialist market economy, the land for agriculture and rural areas economic development the important elements of resources, the transfer of its business is an inevitable trend. Based on the needs of the development of reality, in our country rural appeared to the contracted management of rural land circulation phenomenon, and its flow speed in the speed. At the same time, in the contracted management of rural land circulation, there are also many contradictions and problems. The contracted management of rural land circulation and its system design has become an important practical and theoretical hot spot problems. In this paper, based on the theory and practice, from the height of the new socialist rural construction, on the right to the contracted management of rural land circulation system as the research subject, reflection on scientific and rational circulation of rural land contract and management rights. This paper mainly discusses the theoretical basis in the system of right to the contracted management of rural land circulation, the formation and development, content, structure, main features and functions, basic situation, perfect the train of thought and so on, to deepen the research on the problem of right to the contracted management of rural land circulation, has a certain theoretical and practical reference value.Adhere to Marxism and Mao Zedong thought in this paper the basic position and point of view, guided by the theory system of socialism with Chinese characteristics, follow the principle of theory with practice, from the perspective of the literature research, and some field investigation, the main use of history and logic unified method, method of combining qualitative analysis with quantitative analysis, static analysis and dynamic analysis method, the combination of micro and macro analysis method, combining to the contracted management of rural land circulation system, has carried on the thorough research.In this paper, the basic logical structure and main point is:First, the study of any problem, need to be based on the study of certain theory. Relevant theory on China’s rural land circulation system is relatively broad, the basic theory of Marxism about land viewpoint, the sinicization of Marxism basic discourse about rural development and rural land, this paper is to study the main theoretical basis. At the same time, while the contracted management of rural land is full of Chinese characteristics of earthy land ownership types, but right to the contracted management of rural land circulation also involves the property rights and institutional change and the principal-agent theory, in practice, the application of this article is the western researchers on property rights and institutional change, principal-agent and useful research results, to comb summary, as the theory reference of this study.Marxist thought, the development of production, it is necessary to efficient allocation of resources. On land property right question, always adhere to the land of Marxism’s public stance, classic Marxist writers believe that land property rights generally refers to the land of ultimate ownership and possession by its derived rights power composition and so on, use, transfer beam; Land property rights can be combined together, by a property right main body exercise, but also to isolate one or more of these power to operate independently. Follow Marxist basic theory and basic position, the Chinese communist party and the government adhere to the principle of the public, and constant innovation of rural land management system, and tries to efficient allocation of rural land resources, promote the rural economic and social development in agriculture.Second, right to the contracted management of rural land circulation system is along with the reform and opening up in1978after the reform of the rural land management system in China and inoculation and formation. The practice of the rural household contract responsibility system is the right to the contracted management of rural land circulation system form the premise and the foundation, no.1in1984, the central committee of the communist party of China for the first time that allowing farmers to transfer of contracted land management, the first right to the contracted management of rural land circulation system in the form of policy. Along with the advancement of practice, the right to the contracted management of rural land circulation policy perfecting, related stable policy legalization gradually at the same time, as a result, the right to the contracted management of rural land circulation system was developed and improved.Third, combing and analysis of related policies and laws, and reflection on the practice of the right to the contracted management of rural land circulation, can clear geographical right to the contracted management of rural land circulation system architecture. The contracted management of rural land circulation system is made up of right to the contracted management of rural land circulation main body, principles, value orientation, ways, procedures, management mechanism, etc. In accordance with the law and policy, farmers or peasants individual’s right to the contracted management of rural land circulation main body. Promote the right to the contracted management of rural land circulation, to adhere to the principle of collective ownership of rural land; Adhere to the principle of equal consultation, voluntary, paid; Adhere to the principle of protecting cultivated land; Adhere to the principle of flow in accordance with the law. Right to the contracted management of rural land circulation has a subcontract, transfer, investment, lease, exchange, and other forms. Right to the contracted management of land transfer contract, to register the right to the contracted management of rural land circulation, and is the main program to the contracted management of rural land circulation. Practical operation of the right to the contracted management of rural land circulation needs both the adjustment of the market mechanism, the scientific management of the government regulation is needed.Fourth, as a part of the rural land system, supplement the basic rural operating system at the same time, the right to the contracted management of rural land circulation system has the characteristics of dynamic evolution characteristics, the multiple correlation and coupling with mutual exclusivity and characteristics. Economic function is the most basic right to the contracted management of rural land circulation system functions, in addition, the right to the contracted management of rural land circulation system also has political and social function.Fifth, in the contracted management of rural land circulation, the flow and flow of the "non-staple"(that is, the phenomenon of land use change), and such problems as lack of government administration and the offside. This shows that the right to the contracted management of rural land circulation system still has defects.Sixth, we need to deepen the reform of agriculture and rural areas, promoting the construction of new socialist countryside, improve the system of right to the contracted management of rural land circulation, mainly lies in:draw lessons from the beneficial experience of other countries change of farmland system; We will continue to improve the rural land property rights system; The optimization to the contracted management of rural land circulation service system.In addition, from the innovation point of view, this article research mainly lies in:first, focus on from the Angle of system, the research to the contracted management of rural land circulation problem, its research perspectives have some new idea. Second, the characteristics of the right to the contracted management of rural land circulation system in China the abstract summary, both affirmed the positive function of the system, imperfection of the system itself is also put forward. Three is, on how to improve the system of right to the contracted management of rural land circulation, the paper stresses that does not matter to perfect the rural land property rights system, but also pay attention to the optimization to the contracted management of rural land circulation service system, and draw lessons from the beneficial experience of other countries.