Research On The System Of Land Contract Management Right Withdrawal

In the development of the times,the rural household joint contract system has undertaken the historical task of promoting the development of agriculture and rural areas in China.It is a land system with Chinese characteristics.At the time of the Third Plenary Session of the Seventeenth Central Committee of the Party,the conference " The clear expression of the existing land contracting relationship should be stable and unchanged for a long time,which is undoubtedly the best affirmation of its value.No system is unjustifiable and has a time limit.It must be adapted to the changing social environment in order to continue to apply.The right to land contractual management and its exit system are facing the problem of how to improve itself to adapt to the new situation.The problem is mainly the requirements for the development of agricultural intensification caused by the progress of economic and technological level,and the large-scale urbanization of population under the influence of urbanization.The contradiction between the rural population and the allocation of cultivated land resources.In order to adapt to the new requirements imposed on the intensification of land by the transfer of rural labor,some farmers have given up or even withdrawn from contracted land as a necessary solution.Then,under the balance of the adherence to the basic rural management system,the continued existence of long-standing land contract relations and the maintenance of social security,etc.,the realization of the establishment and improvement of rural land contract management right withdrawal mechanism is of practical significance.This article uses the guidance method of Marxist jurisprudence theory,combined with the legal thinking mode,to deeply study China’s basic national conditions and domestic legislative situation,from the perspective of legal norms,the reasons for the withdrawal of land contractual management rights,the methods and methods of withdrawal Research on the protection of the rights and interests of farmers who lost their land laterl.The full text is divided into six parts.The first part is the introduction.This paper expounds the purpose and significance of this research for the exploration of practice,problems and solutions to consolidate the theoretical basis for the smooth development of this paper.The second part is to make the basic explanation to the land contract management right theory.First analyze its legal concept and explain,then analyze the legal nature of land contractual management right,finally show the inevitability of choosing land contractual management right to withdraw,and then can lay a certain theoretical foundation on the demonstration of land contractual management right withdrawal.The third part is about the land contract management right exit practice pattern analysis.Through the integration of domestic representative legislation and judicial practice,such as Ping Luo,Liang Ping,Zhejiang,the analysis of local models,find out which problems,for the following content to do the groundwork.The fourth part finds the problems related to the withdrawal of land contractual management right by combining with specific cases,and fully enumerates the problems such as unclear legal character,ambiguous procedure,different compensation level and imperfect security system.The fifth part is about how to build our country land contract management right exit system general suggestion.It includes clarifying the legal nature of land contract management right withdrawal,setting up the optional mode of land contract management right withdrawal,setting up compensation standard,perfecting the mechanism of land contract management right withdrawal procedure,perfecting other auxiliary safeguard measures,clarifying the role of government,guaranteeing farmers’ rights and interests,and promoting the reform of land system in our country.The sixth part is the conclusion of this paper,not only the integration of the first five parts of the paper,but also through the whole article on the "land contractual management right to withdraw from" the specific object of the study,while reiterating the intention of this paper,review the practical significance of this study,looking forward to the future of China’s land legal system construction has a bright future.