The Survey Report On The Transfer Of Land Contractual Right In Yiyang City Of Hunan Province

The transfer of land contractual management right could liberate lots ofagricultural workers from being fettered by the land, which not only promptsurbanization, but utilizes the land economic value to a full extent, thereby boostingregional economy. Although the transfer of land contractual management right isshowing a positive trend currently, there are still some factors hindering the smoothoperation of this course, such as the distribution pattern of average land systemleading the land fine crushing, scantiness of land capitalism awareness, insufficientwork on confirmation of land tenure which to cause the interests of the both sides ofthe land transfer is difficult to get reliable protection, sense of "land capital" laggingbehind the pace of the development of the land transfer, etc. A variety ofproblems also serve as restrictive effects on the large-scale development of the landtransfer. Firstly, traditional form still accounts for a large proportion of the practice oftransfer that unable to meet the needs of the rural land scale operation. Secondly, theirregular transfer procedures along with low circulation of the contract agreement andunintelligible rights and obligations. Thirdly, service and protection systems couldhardly keep pace with the transfer itself. Fourthly, relevant laws including "PropertyLaw","Rural Land Contract Law" are not enough on the use of the landcontract management rights transfer problems, leading to the applicationof inconvenience. Furthermore, there are still some problems in the fields ofland contracting right of judicial remedy, such as the proportion of cases resolved byjudicial channels in the dispute of transfer of land contract management right is lowand social justice is difficult to balance which restrict large-scale development of landcontract management rights transfer. In order to promote and facilitate land transferand scaled operation, it is required that following concerted measures be taken. Thepractice of encouraging the application of contract conferring the land managementright should be conducted on a gradual basis. Continual efforts are also needed in theconstruction of transfer mechanism. In addition, great importance should be attachedto the perfection of relevant legal framework pertaining to legislation and judiciaryremedy.