Research On The Legal Issues Of Withdrawal Of Land Contract Management Right In China

Under the background of "separation of powers",new urbanization and agricultural modernization policies have provided impetus for the high-quality development of my country’s economy.At the same time,the continuous advancement of new urbanization has also led to an influx of more and more farmers into cities for employment.These "absent landlords" are unwilling to return their occupied land to the collective due to their long-standing land complex,resulting in a large amount of arable land being idle for a long time and inefficient utilization of arable land.The orderly transfer of land management rights and the effective withdrawal of land contract rights are two different paths to alleviate the contradiction between people and land in rural areas and promote moderate scale management in rural areas.In view of the fact that the current circulation mechanism of land management rights has not been perfected,it is necessary to establish a withdrawal mechanism for rural land contract rights,and orderly guide farmers who meet the withdrawal conditions to actively withdraw from land contract rights.In this way,on the one hand,it can effectively solve the problem of separation of people and households in cultivated land,and on the other hand,it can also promote the transfer of rural labor and increase farmers’ income.The research of this paper is based on the reform of "separation of powers" and guided by the revised "Rural Land Contract Law of the People’s Republic of China",and conducts researches in the following aspects.First,clarify the concepts related to the withdrawal of the land contractual management right,and define the object of the withdrawal of the land contractual management right.At the same time,by explaining the attributes of land contractual management rights,that is,the attributes of private rights and social rights,the effect of land withdrawal and the effect of land transfer are distinguished.Secondly,it summarizes the practice of local legislation that the existing land contractual management right is withdrawn.Sort out and find out a series of problems existing in the withdrawal of land contractual management rights for farmers who have settled in cities.Including,the criteria for the loss of the qualification rights of the rural households who have settled in the city are unclear;the legal provisions on the withdrawal time point are ambiguous;the procedural link between the withdrawing subject and the accepting subject is lacking in legislation.Legislation should explicitly withdraw from the membership of collective economic organizations by setting up the model of "application for withdrawal from the main body + transition period + qualification review".Finally,based on the analysis of representatives of the “three replacements” model of land in Neijiang City,Sichuan Province,and the “combination of old-age pensions” model in Songjiang City,Shanghai,it summarizes the practice content of the reform of the withdrawal of land contractual management rights.At present,the relevant factors hindering farmers’ withdrawal include inconsistent compensation standards for land withdrawal;low compensation for withdrawal of land contractual management rights;and imperfect social security system.It is recommended that the state delineate the minimum compensation standard,and the pilot areas will explore the compensation standard suitable for the local development situation on the basis of meeting the minimum compensation standard in combination with the local development situation.Compared with the land use model in extraterritorial areas,"land trusteeship" has become a new model in line with modern agricultural development.The construction of a modern legal system and the change of trust laws have provided a reform opportunity for the reform of rural land use in China.In my country,it is not only necessary but also feasible to withdraw from the land use mode of "land trusteeship".