TOPIC:Analysis To The Contracted Management Of Rural Land In Our Country

Relative to the contracted management of land transfer, subcontracting, and lease, right to the contracted management of rural land acquisition is a relatively new way of right to the contracted management of land circulation. Refers to the contracted management of rural land, the rural land contract period, in the rural land shall be owned by the state or the collective, land use under the premise of constant to the contracted management of rural land for farmers into the joint stock cooperative system enterprises, farmers’ professional co-operatives and agricultural companies and other economic organizations, to the economic organizations to use its technology and capital advantage to the land scale management, farmers to participate in dividends, it is one of the ways in which the contracted management of rural land circulation. Right to the contracted management of land, first of all, is a kind of property rights, and belongs to the usufructuary right in principle, accordingly, right to the contracted management of land investment is a kind of usufructuary right capital contribution, and it is a special kind of usufructuary right. Its particularity can through the terms and conditions of the right to the contracted management of land investment needed and reflected in the characteristics of the right to the contracted management of land investment. After beginning and growing right to the contracted management of land, is increasingly showing a good development prospect. Its various business model, the joint stock cooperative system enterprises, farmers’ professional co-operatives and agricultural limited liability company of significant economic benefit and social benefit, to the contracted management of land and become a shareholder is the property of the peasant household provides financing, opens up new way; To increase farmers’ income, expand farmers’income sources; Set up enterprises with foreign shares with right to the contracted management of land, has become relatively stable, can make the contracted during the term of contract as a contribution to the contracted management of land is unlikely to change, the enterprise can form stable psychological expectations, combined with the enterprise in pursuit of profit maximization as the goal, it will be to make the necessary investments in land, using advanced technology, mechanization production scale management, this helped to quicken the pace of China’s agricultural modernization and industrialization, to increase food production will have the effect of get twice the result with half the effort. But at the same time also should see its face economic, policy risk, and in the practice of the conflict of laws. To the contracted management of land investment, scale management by special economic organization of increase risk category, is bound to speed up its right to the contracted management of land in land transfer, land farmers to master is no longer in the hand and after harvest of grain, but by economic organization depends on the operating conditions of share out bonus, this will bring to the social security function of land to bring the unprecedented impact. The contracted management of land is a deadline, when the contracted management of land expiration, to set up right to the contracted management of land in term of economic organization became a problem. Countries to the regulation of land contracting management how to make the time limit, will lead to disband halfway to the economic organizations, also want to consider policy risk. In the practice of protecting the interests of farmers will also meet with the creditor benefit protection conflict, right to the contracted management of land remaining term conflict with the company’s survival, for the transfer of the conflict of laws, and other forms of conflict of laws. In order to safeguard the fundamental interests of the farmers, and promote the right to the contracted management of land in smoothly, should actively explore various policies and measures in order to circumvent the risk of economy, policy, resolving the conflicts in the practice, and insist on not changing land agricultural use, adjust measures to local conditions, the principle of protecting farmers’ interests.