Agricultural Land Use Rights Transfer To The Legal Issues

The existing rural land system hampered the rural economic development in our country, a result of the limited land resources are not fully utilized. Our market economy is now taking shape, but as a basic agricultural production material information the land's market is obviously behind the whole development of a market economy in the process.While having yielded some research results for agricultural land use right transfer, the domestic scholars have yet to reach consensus of the basic theoretical research in many areas on agricultural land use right transfer and there are some disputes. On agricultural land use right transfer for research prerequisite for"land use"specific nature and meaning there is controversy Some scholars believe that"the right to use land"on the nature of the claims, some scholars think it is the"real"This controversy led directly to the farmers to transfer the right to use the study have a big differences. In addition, scholars for agricultural land use rights transfer process should adhere to the principle of the transfer process should be done to protect the interests of farmers and many other issues are there differences of various kinds.Although existing legislation establishes the right to use agricultural land transfer of legitimacy, the agricultural land transfer of the right to use special legislation is still in a state of blank. This resulted in a reality that the transfer of rights to use the lack of maneuverability, and the existence of numerous problems. In fact the agricultural land use right transfer for the normal existence of many obstacles, not standardized, and in a state of confusion. From time to time the damage to agricultural land use right transfer of the interests of the people occurs. The main objective of the study is to clarify the controversy over this theory and to improve the relevant legislation.Firstly, on the agricultural land transfer of the right to use the basic theory, the article regards the controversial"land use"in nature as"Property Rights", and defines the agricultural land use rights transfer etc. The author believes the core meaning of the agricultural land to retain the right is to contract the contractor in case of the transfer of the right to use. For the basic principles that should be followed, efficiency and fairness principle and the principle, the principle of freedom of contract, registration principles and the principle of compensation. We should adopt the leasing, transfer, subcontracting, and the collateral shares on the form should be used in the agricultural land use right transfer.Secondly, the author identifies the current land use right transfer system, the main problems by the flow of our current situation. Because there is no requirement and lack of agricultural land use right transfer market on the land use right transfer pricing mechanism in"property rights""Rural Land Contract Law"and other relevant laws of. Most areas of agricultural land use right transfer of the closed without a solution limiting the use of agricultural land in the wider circulation because it is exclusive in the agricultural land management and use rights transfer. Because of the diversion of surplus agricultural labor and non-agricultural employment and the instability of agricultural operations, the uncertainty and the income of farmers Instability exist, leading to the agricultural land use rights transfer without the volatility to resolve. The agricultural land impede the transfer of the right to use the optimal allocation lacking of agricultural land transfer market intermediary organizations, and effectively won the circulation of agricultural land use,.Finally, the author raised the perfection of agricultural land use right transfer system vision in addressing the basic theoretical issues and on the basis of the analysis of the current land use right transfer. First, we should establish a unified fair and open and fair market mechanism on the basis respecting for the rights of peasants. Secondly, in order to optimize the allocation in agricultural land use rights transfer, we should clear agricultural land use rights transfer intermediaries from the"property rights""Rural Land Contract Law"and other relevant laws of the judicial interpretation. Third, we should mobilize the legitimate interests of farmers and protect the legitimate interests of farmers. Fourth, we should set up the"agricultural land use right transfer law"when the conditions are ripe.I believe, the discussion about the legal system of our county's move of arable land access has just begun, and the burden is heavy and the road is long, so I choose this proposition as my postgraduate paper, the aim of which is to devote what I can to the research of the legal system of the move of arable land access.