Research On The System Of Land Contract Management Right Withdrawal

Urbanization is the inevitable trend in terms of economic development in a country.Also it is the key to solve the “agriculture” problem. China has stepped into urbanization,by the obvious trend of population transferring from the rural areas to the cities, associating with the identity of the farmers and their occupation, income, and spatial characteristics happen to the division of different levels. However, the present policy of rural land contract relations in China is “permanent”. Along with more and more new generation of migrant workers has been into the city and settled down, this policy led to the fact that the unit of farmland per capital in a family is imbalance, the people increasingly prominent contradiction and within farmers produce injustice has been working for the rural governance and rural harmonious development of whole created obstacles. At this time we need to build perfect the system of right to the contracted management of land out of the fact that many local governments have been made to the exit for the contracted work in practice. There is a lack of right to the contracted management of land out of a system of regulation in the legal level, exiting the provisions of the right to the contracted management of land also differ from each government in thousands ways. Along with urbanization and economic development, further studies about exit mechanism, the ways to maintain the original rural basic management system, to adjust measures to local conditions,and gradually establish a system of contracted land exit will be needed. How to build the perfect to retreat to the farmers’ social security system, compensation system, the withdrawal of application? Clarifying these problems impose an important progress to carry out land scale operation in order to improve the cultivated land resource and decisive significance for the development of modern agriculture. The 2014 "number one file" stated about the separation to right to the contracted management of land, which means the farmers land contract right and land right on the power can be separated. "Two rights separation" is not only a theory problem, but also provides a new opportunity to solve the problem of land system innovation to reform a series of practice. This paper will make an analysis about the building system and the related problems to the contracted.The first part is "introduction". Mainly introduced the practical significance of writing,the problems to be solved and research methods, which have the effect of framing.The second part is "the overview of the right to the contracted management of land exit system ". This chapter explains the full text of the core concepts, such as: the right to the contracted management of land, exit right, exit mechanism. In addition, it also make analysis of the right to the contracted management of land out of the cause and the necessity.Right to the contracted management of land’s exit is the necessary requirement of intensive agricultural production, the need to solve the rural reality of the contradiction between human and land, but also a linkage reform of household registration system reform in our country.The third part is "the right to the contracted management of land investigation”. This chapter analyzes the practice of our country exit in parts of the contracted, including Chengdu, Chongqing, Zhejiang, etc. On the basis of the analysis and comparison, getting exit mechanism of the enlightenment to the contracted land, adjust measures to local conditions, namely constructing different type exit, to better safeguard farmers’ life and social stability. And doing comprehensive considerations about the exit to farmers contracted land problem to town aspect to determine the premise condition of farmers out of land, build perfect social security system, to ensure farmers’ life in the future; As for countryside, urbanization of the real process before the completion of the farmers, to retain their contracted land, to safeguard the city farmers’ land property rights to provide institutional guarantee.The fourth part is the "right to the contracted management of land exit type analysis".This chapter specific analyzes the land type of the contracted management, including voluntary exit and forced to exit. This part rooted in the "rural land contract law" article 26 parts of research and practice, analyzing voluntary exit and forced out of the type of legal theory, drawing lessons from foreign to encourage farmland exit. Combining with the concrete practice in China, analyzing the on the exit and must exit the type of legal theory.The fifth part is "improve the system of right to the contracted management of land exit advice". This chapter mainly discusses the contracted land for the construction of exit mechanism. Putting forward three Suggestions, which includes: perfecting the contracted out before the social security system, perfect the contracted management of land compensation mechanism of exit procedure of exit mechanism and perfect the contracted.