Research On The Circulation System Of The Right To Contracted Management Of Rural Land In China

With the gradual deepening of the reform, the establishment of a morecomprehensive rural land circulation system, not only to the farmers’ basic survival,but also related to China’s sustained economic development. Rural land contractmanagement rights (hereinafter referred to as contract management right) not onlyable to promote the development of agriculture and rural production, but also tosafeguard the lives of farmers income, therefore, whether theoretical circles orpractitioners will improve the rural land contract management rights transfer system(hereinafter referred to as contract management rights transfer system) as a veryimportant issue.In order to achieve a well-off society, the Chinese government continued to takemeasures to encourage farmers to invest in the land to obtain more revenue. Stage ofcontracting right imperfect system will not only benign circulation or restrict landconcentration, also affect the enthusiasm of farmers and agricultural level ofdevelopment.In order to adapt to the further development of the rural economy, weshould be in-depth analysis and research of rural land contract management rightstransfer (hereinafter referred to as contracting right) problems encountered in theprocess, to explore solutions.I want to learn and study relevant literature and research reports on the basis ofcombined theory and practice, improving circulation system to make reasonablesuggestions. This article is divided into the following three parts:The first part discusses the contractual management rights transfer systemoverview. Through the contract and management rights and contracting right meaningand content of the presentation, from the macro expressed the contractualmanagement rights and contract management rights transfer the basic situation,meanwhile, pointed out that the research contract management rights transfer systemand far-reaching significance.The second part states the contracting right evolution of the system and theexisting problems. This section prohibits transfer from stage to establish gradual liberalization and allow circulation of these three stages described contracting rightevolution of the system.Respectively, from the same time, the Constitution, therelevant civil law, as well as laws, regulations or rules of the relevant provisions ofthe land contract and management rights as the starting point for the contracting rightof the existing legal provisions are described. Discusses this system in our law andpractice related to existing problems, especially mortgage restrictions on thecirculation of the way and on the transfer of the relevant provisions of the presence ofdefects, contract operation rights transfer matching system reveal problems, andcontracting management rights transfer dispute resolution mechanisms and otherissues.In the third part, for the second part of the mentioned contract managementrights transfer system specific issues, for a more comprehensive analysis anddiscussion of proposed solutions and improvements for contract management rightstransfer problems some feasible suggestions. Through systematic analysis andresearch on how to improve contract management rights transfer system make thefollowing five: First, to further improve the rural land ownership system, enrich andperfect contracting Right of content; Second, the abolition of contractual managementrights transfer system in the restrictive provisions on a mortgage, while establishingthe system, improve the contracting right way; Third, establish and improve thecontract management system of title registration and transfer services supervision andmanagement mechanism; Fourth, the establishment of contractual managementdispute resolution system; Fifth, establish and improve rural economic developmentsuited to China’s social security system.In this thesis, the "Property Law","Rural Land Contract Law","rural landcontracting right management approach" and other relevant laws and regulations asthe research object of analysis, combined with practice through logical analysis andinvestigation on China’s contractual management rights transfer system current statusand outstanding problems in-depth, systematic and detailed analysis on how toimprove contract management rights transfer system made specific recommendations and the corresponding measures in the hope of writing this article capable ofcontracting right Perfection humble heart.