Land Contract And Management Rights Transfer System’s Perfection

Our land contract and management rights transfer system is great significancefor the development of China’s urbanization and rural development, and only thecirculation system adapted to the needs and developments of the market, in order topromote narrow the urban-rural gap, so that farmers can fully enjoy the benefits ofreform. only clear the current status of China’s agricultural land transfer system,analyze the reason,and to propose ways to improve,so that we can make systemfurther meet the needs,this is important to further promoting market-oriented process,deeping rural reform.Understanding of the right to land contractual management should from transferform firstly, in our country legally recognized forms of transfer is transfer,subcontracting, rental and exchange, shares, and mortgage law is still not approved.so we propose questions: whether the transfer form meet the development of currentflow? What restricts the transfer form’s development? after the comparative ofpractice and theory, that the current transfer forms have been unable to adapt to theland contract management rights transfer system needs for market, especially thesharing system is imperfect, and failure to implement mortgage system, whichrestricts agricultural land transfer’s scale and efficiency. a large number of transferforms are not specify by law, but the practice is widespread,resulting in a confusionin practice. for example,"subcontracting" and "through the generation",land assumedthe role of rural social security is the main reason to the problems of land transfersystem, the lack of social protection mechanisms in rural areas, farmers do not wantto cause a land transfer, which directly affects the circulation in the form oflegislation for consideration.meanwhile,land contract and management rights transfersystem, the lack of appropriate supporting systems, including imperfect transferprocess embodied in the registration, dispute resolution mechanism and on landacquisition, registration is only effective against, not meet the current needs.In thedispute settlement mechanism, the most scientific system of arbitration practice is neglected, and the effectiveness is not strong.for land acquisition is even more clearlyshowed the lack of legal provisions and monitoring mechanisms, which seriouslydamaged the agricultural land transfer order. followed by land contract managementrights behind the market, which the dominant position of the farmers are not protected,the lack of price mechanism and intermediary bodies. finally, the lack of amarket-oriented management and service system, which makes the market-orientedagricultural land transformation is lagging behind.Improvig the circulation system of agricultural land, the fundamental path is toimprove the social security system in rural areas.to reduce the dependence of land, theimprovement of the agricultural land transfer form you should optimize existingforms of circulation, regulating the transfer form,which has not been approved yetand improve the circulation system of agricultural land can not do without a completeset of supporting systems, including improving agricultural land transfer program, theformation mechanism of good agricultural land market circulation system, theestablishment of a comprehensive management and service system.