Agricultural Land Management Rights Transfer And Legal Countermeasures

Land is a basic thing for humans. It is also a kind of basic production data forhumans. And the land problem is related to China’s economic and social development.It’s an important issue about the harmony and stability of our society. Today, China’seconomy is rapidly developing. The agricultural production structure adjusts quickly.With the improvement of agricultural productivity, the household contractresponsibility system in our country has already been out of style. It can’t make thelong-range agricultural goals come true.In1995, our country made a policy decision called Establishment of the landcontracting right of management circulation system for the first time, On the otherhand, Chinese leader delivered a report about the requirement of the circulation in the18th National Congress of the Communist Party of China, It request us to build a newagricultural management system which is more intensive, professional, organized andsocial. It’s including training new operators， developing different kinds ofmanagements and so on. All of these shows that the land management right’scirculation has become an irresistible historical trend. The Chinese Governmentattaches great importance to the improvements of the circulation.It also encouragetrying more ways.At present, the circulation has entered the preliminary stage of practice, though.But because of the defect of social system, the imperfect of the legal system, the lackof administrative guidance of land resources in China and some inherent disadvantagesituation, the moment is daunting. The author tries to research the United States,Japan and Taiwan’s land systems to help us establish a better legal system of landcirculation in China. The United States established perfect agriculture organization;Japanese made their land intermediary organizations works well. Taiwan’s landsystem, which is studied by many scholars in the world, is different from others. Itsbiggest feature is the restrictions on the uses of land. Their histories can help usimprove our legal system and the circulation.Therefore, we should improve the circulation step by step. Firstly, we shouldprevent the abuse of public right, we should also restrict to the government’s andorganized collective behaviors by law. Secondly, we should open up more newcirculations which are not mentioned by Land Contract Law, such as the management,the establishment of the new cooperatives. Thirdly, we should restrict to the use ofland to protect our land resources in China, prevent the basic farmland’s reduction. Fourthly, we should improve the social security system, and we should lead farmers tocarry out the circulation voluntarily, too. At the same time, we should also establishthe legal system to provide a good environment for it. On the one hand, we mustestablish laws and regulations about the circulation to make each people workaccording to the law.