Study On Legal Issues Of China’s Rural Land Contract And Management Rights

Made a great contribution to the land contracting right of management for the development of China’s agriculture, but with the further development of market economy.The demand for more collective land, land contract and management rights transfer in our country at present is in a restricted state, is not conducive to the economic benefit of the society. In order to adapt to the needs of the economy, rural land contracting right the transfer must be involved in the reform and innovation, and continuously explore new mode. This paper discusses the land contract management rights transfer of shares.The first part of the status of the right to land contractual management is analyzed, including the analysis of the simple sort and local practice of existing legal norms in our country, and then to analyse the defects.The second part of the paper summarized contracted management of rural land investment dilemma, mainly from the structure of rights, interests protection, legal restrictions, lack of system, risk prevention,an so on, expounds the existing rural land contractual management right in China shares the obstacles from multiple angles. The third part is the focus of the article, a prerequisite for the first part of the rural land contractual management right in China should solve the shares, such as the introduction of the registration system and assessment mechanism, abide by the principle of balance of interests, set the preferred stock wait, then, this part specific forms of rural land contractual management right in China shares carried out a feasibility analysis and system design, the limited liability company, farmer cooperatives and other more suitable land contractual management conclusions. The fourth part of the design of supporting system of the right to contracted management of rural land in China in the demonstration the registration of rural land contractual management which shall be borne by the registration authority, how to establish the corresponding risk prevention mechanism and dispute settlement mechanism, how to construct. Sets of farmers’ social security mechanism and so on, that rural land contract and management right as a shareholder of escort. The last part, mainly of the argument and the arguments of the argument and logic structure are summarized.