Study On The Issue Of Right Circulation Of Land Contractual Operation In New Rural Construction

Building a new socialist countryside is a necessary requirement to implement the scientific conception of development, to build a moderately prosperous society, to build a harmonious socialist society. It has brought forward that building a new socialist countryside was a major historic task in the Party's 10 Sixth Plenary Session of the Fifth,"Building a socialist new countryside should be based on the development of production, affluent life, civilization, clean and tidy village and democratic management, and to be advancing steadily", The countryside land contracting management system ensures the new rural construction as a basis system, is also an important link to our country rural area development. Since our country rural area put the household contract responsibility system into practice, Party and the country have been deepening the reformation of the Contracting right of management. In the Party's 10 Seventh Plenary Session of the third, It has pointed out:"Give peasants further sufficient and guaranteed right of land, the existing land contract relations needs to maintain stability and for a long time invariable","According to the law voluntarily compensable principle, a peasant can subcontract, lease, exchange, transfer, stock transfer land contract and other forms of co-management rights". Document one also makes central authority in 2010 clearly pointed out:"perfecting rural area land contract law and regulations and policies, we need to promptly formulate concrete measures to ensure that the existing land relations remain stable and invariable for a long time"."Reinforce the rights of land managing and serving for Contracting right of management, improve the transfer market, develop various forms of appropriate scale in accordance with the law on the basis of voluntary compensable".Establishing a rural contracted land circulation and promoting agricultural production factors rational circulation and effective distribution, are China's current agricultural modernization in face of one of the important problems, are also the need accelerating industrialization and urbanization of our country. Only the rural land contracted management as a stable property enters the market, generates the exchange value, makes the peasants' interests and land contact closer to better safeguard the land resources, gives full play to the peasants in socialist new rural construction of main role, to further emancipate and develop the rural productivity, to optimize the allocation of land resources. Therefore, the study contracted management of rural land circulation problems and how to conduct market circulation, in order to achieve the optimized allocation of land resource, deal with the contradictions, increase the peasents' income, realize the modernization of agriculture, gap, which has the significant practical significance to develop China's rural economy and the construction of socialist new countryside.In this paper, the framework mainly consists of four parts: Part I: the introduction, this part concentrates on the research background and significance, makes a general introduction, gives a general idea of the research on this subject both abroad and at home and introduces the structure and research innovations of the essay. Part II: the internal relations between the new socialist countryside construction and the contracting right of management. In this part, it describes the connotations and principles of the new socialist countryside construction based on the theory of the contracting right of management in order to discuss the necessary of the contracting right of management, which is the starting point of this article. Part III: Problems existed in the transfer process and analysis to the problems. It contains the current situation and constraints in the contracting right of management, analyzing and discussing the causes. Partâ…£: Under the new rural construction background, proposes some suggestions perfecting our country rural area transfer of the contractual right of land relevant systems. This part gives some suggestions as follows: Stabilize and improve the countryside basic management system; Perfect agriculture protection system; Build modern agricultural finance system; Improve rural area democratic management system; Perfect strict standard rural area land administration system.