The Law Of The Right To The Contracted Management Of Land Circulation Problem Research

In the process of reform and opening up, the system of land contractualmanagement makes great contribution to the rural economic development. But alongwith the development of rural economy,"Real Right Law" confirmed the nature of thereal right to the land contractual management right. Going back to reflect on the systemof land contractual management right we will find that, in theory, there are some defectsin the present system of the transfer on the land contractual management right, and inpractice, there are obstacles in the transfer on the land contractual management right.These restrictive factors is not only accord with the real right of the land contractualmanagement, but also not accord with the basic laws of market economy.The first chapter is the basic theory of transfer on the land contractual managementright, its changes in the legislation of our country is divided into four stages, the landcontractual management right is usufructuary right, the essence of transfer on the landcontractual management is the transfer of right to possess, utilize, seek profits anddispose. The nature of the real right to the land contractual management right asks forthe transfer on the land contractual management right internally, it is the legal theory ofland contractual management. In consideration of the multiple interests carried by ruralland, we must adhere to balance the interests of the conflicts between them.The second chapter is the present situation of the transfer on land contractualmanagement, the rent of the land contractual management is the transfer of creditor’srights, but the subcontract is a kind of setting subprime contractual management of realright behavior, there is an essential difference between them; We should cancel the legallimit on the land contractual management; And allowing the inheritance to the landcontractual management, the range of inherit should conform to the basic spirit ofsuccession law; Allowing the mortgage of the land contractual management and weneed to explore the rural land financial system; The contribution of the land contractualmanagement, the practice of the Nan Hai mode, Shanghai mode and Southern Jiangsu mode provide us experiences and enlightenment in the equity allocation, cooperationeconomic organization operation mechanism and farmers’ rights protection ofshareholder.Second, there are many problems on the transfer of the land contractualmanagement in scale and process and so on.The third chapter is completion to the transfer on the land contractual management.Based on the two chapters, I analyses the limited factors transfer on the land contractualmanagement right, and try to find the fundamental problems, and put forward themeasures to complete the system of transfer on contractual management land, includingthe improvement of the system of collective land ownership, strengthening the real rightof land contractual management right, complete the market system and ways of transferon land contractual management right.