On The Legal System Of Right To The Contracted Management Of Rural Land Circulation

Land has been paid much attention as an important means of production since ancient times.The rapid development of China's economy and technology,the deepening process of urbanization and the trend that rural surplus labors continuously flock to cities and towns have made the rural land under existing laws and regulations cannot fully release its useful efficiency.What's more,the tendency that agricultural modernization and industrialization becomes more and more common makes contributions as well.At present,China has formulated a number of laws and regulations that regulate the circulation of rural land contractual management rights.But those laws and regulations in the process of reform and development are still lagging behind the social practice,and they can not effectively stop the relevant disputes that arise.As a consequence,they eventually constrained the development of rural economy and society.This article mainly aims at solving the important problems existing in our legal system,which includes the contradiction between the legal system of contractual right of land and the legal academic and policy of "the separation of three rights ",the imperfect law of circulation,the absence of law in protecting the circulation market mechanism,and the problem of improper positioning of the government and the collective economic organization,as well as the incomplete protection of mortgage contractual right of land.By drawing on foreign advanced experience on the transfer of land use rights,supplementing and perfecting the contents of relevant legal systems in China,and finally promoting the orderly transfer of contractual right of land.This article is divided into six parts.The first part is the introduction,which is mainly based on researches on the current situation of the system of land contractual management in China.And this part describes the background and significance of studying the legal system of land contractual management in China and the research status of this problem at home and abroad.Besides,the study methods,difficulties and innovations in this paper are also included in this part.The second part mainly analyzes the theory of land contractual management right.It not only obtains the concept of land contractual management rights and nature but also the theory and policy trends of "three separate" which are put forward through the analysis of the views of scholars.Further clarifying the legal meaning,the way and the nature of the various forms of land contracting right.This part finallyconcludes that the transfer of land contract management right is in line with the current economic development and the provisions of the constitution and the rational interests of the peasant masses.The third part sums up the basis for the transfer of land contract management rights,provisions of the transfer,provisions of the market mechanism,provisions of the participants mainly according to the land contract management right of the relevant laws and regulations and policies.The fourth part digs out problems existing in the legal system and analyses and lists the imperfections according to the third part.The fifth part mainly introduces the use and circulation of land legal system.It leads to the advanced experience of land transfer through the analysis of specific laws and regulations.For example,we can attach importance to render theory and system advance with the times and constantly improve and strengthen the power of legal system on the protection of market circulation.Last but not least,we are bound to clarify the transfer ways and protection measures.The last part puts forward the perfect suggestions corresponding to the problem in view of the problems existing in the current legal system of our country and on the basis of drawing lessons from the advanced experience abroad.This part complements the legal system and makes it better so that we can achieve the purpose of improving the entire legal system in the end.