Research On The Land Contract Management Right Transfer Under The Background Of The New Urbanization

Land contract and management right is an important usufructuary right of "property law". In the new round of "land reform", the guiding principle is the construction of agricultural management mechanism, will be more interest in property attributed to farmers. The transfer of land contract and management rights will become the core of the current round of "land reform". However, due to the existing legal regime on land contract management rights transfer existence of many defects, resulting in practice, there are many legal issues in land contract management rights transfer, and limited land contract and management rights in a reasonable manner, free circulation. Thus, concerns land contracting right and the legal issues behind this, the lack of relevant laws and regulations to find, and then put forward the theory of law and the legislative level introduction of the "three powers split" reform, reconstruction of the existing power structure two yuan of agricultural land, and transfer policy dilemma other legal aspects of the deal, to improve the legal system to guide agricultural land land transfer practices will have a positive meaning. This paper is divided into three sections, as follow:In the first chapter, the paper start with generic concept of land contracting right start with a clear concept and relevant legal provisions land contract and management rights, which in turn leads to our current law on land contracting right regulation and positioning. On this basis, this paper reviews the system of land contract and management rights transfer system along with the land system transition formed by three gradual liberalization of the transfer of development stages, each stage has its behind profound social background and legislative value considerations, also from the side to respond to why the previous land contract management rights transfer is not allowed. The system then analyzes the necessity and feasibility of promoting economic and social conditions of the current land contracting right and as a land contract management rights transfer system design and improve the legal foundation.In the second chapter, the paper analyzes the various legal ways of land contracting right under current law, and one by one analyzes the concept, features, limitations and their causes, in order to reveal the existence of legal circulation way behind the circulation disorder. After that, this paper analyzes the land contract and management rights transfer facing reality. As presented below targeted countermeasures.In the third chapter, the paper focuses on the currently more theoretical discussion on the introduction of the "three rights division", Reconstruction of the structural problems of rural land rights. And that "three rights division" How to effectively get rid of the current system of transfer of agricultural land plight exports, "three right split" mode, the function of social security and factors of production functions of rural land to combine maximum extent. In addition, for the transfer of real problems mentioned above, the paper finally put forward other countermeasures.