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

Improve the lives of farmers and our land contractual management rights transfersystem is closely related to the modernization of agriculture, and promote thedevelopment of urbanization has a very important meaning and value. Eighth session ofthe Third Plenary proposed giving farmers in the case of more stringent protection ofarable land property rights. Transfer of land contract and management rights became thecore and key land reform. However, due to the lag of the current legal system legislativerestrictions on the transfer of land contract and management rights of a lot further to thetransfer of land caused by the institutional barriers. With the continuous development ofmarket economy, land transfer issue increasingly prominent, how circulation problemsin practice under the premise of protecting the land resources of land contract andmanagement rights market. Firstly, from the perspective of legal theory under existinglegal system and the nature of the concept of the right to land contractual managementwere cut. Describes the nature of the usufruct right to land contractual managementbased on the provisions of the "Property Law" further indicates that the land contractand management rights of the negotiable. Second, from the reality of circulation,circulation features to classify induction, the current transfer mode for a brief legalanalysis. Third, for the problems and issues of judicial practice transfer process toanalyze the legislative level.There are unreasonable restrictions on the exchange ofexisting norms, the problems faced by shares, inheritance laws conflict, anti-rent Daobao, define problems in the mortgage system and hire subcontractors and so on. Finally,continue to strengthen land contracting right practical requirements, get rid of the legaland institutional barriers make ownership registration, valuation, the market isestablished, various aspects of social security. Create a favorable external environmentfor the land contracting right way. Through literature analysis, qualitative analysis,value analysis and other research methods, the necessity and feasibility of landcontracting right way to analyze, define and improve various ways circulation system,and through our current rural circulation the reality, summed up the problems in thetransfer process, to make reasonable.