Study On Legal Control Of Rent Payment Risk In Land Transfer Operation

The“separate three rights"rural land reform,using "land rent"to promote intensive land management,thus"land rent"in the socialist system formally legalized.The biggest difference between the socialist "land rent"and traditional land rent is that in the traditional sense,land rent is delivered by farmers(tenants)to the owner of land,that is,the landlord,and the legal relationship of land rent is formed between multiple farmers(tenants)and one landlord.The land rent in the“Separate three rights"refers to the"land rent"paid by the operator to the contractor on the basis of the rural collective land transfer contract.The legal relationship of land rent is formed between the operator and several contractors.Whether traditional land rent or land rent with socialist characteristics,its payment risk is inevitable.The inevitability of the risk of land rent payment in socialism with Chinese characteristics is not only restricted by the general law of the risk of traditional land rent payment,but also related to the structural hidden danger of the characteristic land rent system.In the traditional sense,if the tenant can not pay the rent,the loss to the landlord(owner)is not great and the social harm is very small.However,once the"land rent”under the“Separate three rights’appears payment risk,it will lead to a large number of contractors unable to get the rent.Because a large number of contractors depend on"land rent"to survive,so"land rent"has the meaning of"“human rights"for the contractors.Once the payment of land rent can not be realized,the contractors will gather to"safeguard rights"or go to the streets to call for "justice"by blocking the government,causing mass incidents,disrupting social order and endangering social security.At present,such mass"land rent"incidents occur all over the country.With the passage of time,such incidents as"land rent"payment breach of contract or infringement will become more and more frequent,the scale will become larger and larger,and the social harm will become more and more serious.Therefore,it is necessary to prevent and reduce the risk of"land rent"payment as much as possible through legal means.The legal control of the"land rent"payment risk is a systematic project.The powers of legislation,law enforcement,and judicial power are interlocked,and each power must play its due role.In legislation,we should adhere to the unity of the whole and the part,and safeguard the respective rights of the land owner,the contractor and the management owner.In law enforcement,we should strictly enforce the law,reasonably enforce the law,and give consideration to the promotion of excellence and poverty alleviation.In the judicial process,we will ensure judicial justice,improve judicial efficiency,and handle all kinds of "land rent"payment default or"infringement"cases according to law.In short,it is necessary to reduce the risk of land rent payment to a minimum by means of legal control to ensure the smooth modernization of China’s agriculture.