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Analysis On The Registration Of Land Contractual Management

Posted on:2023-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:Y YangFull Text:PDF
GTID:2556307040978239Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,with the deepening of China’s rural land reform,many contradictions and disputes have become increasingly apparent,including land ownership disputes between farmers,and land acquisition conflicts between farmers and administrative organs.The reason is that land rights and interests have not been effectively guaranteed,and the rural land registration system is not perfect.The current registration system fails to fully play its role in protecting farmers’ land rights and interests and standardizing land circulation.Under the current legal system,"separation of the three rights",an important land policy,has been confirmed by law.Right to the contracted management of land in separation plays an essential role,therefore,it is necessary to establish and perfect the system of right to the contracted management of land registration,set up in two of the new law of land registration law,has been clear about the right to the contracted management of land in the system of right attribute,and the function of right to the contracted management of land to safeguard function,therefore,When considering the registration system of contracted management rights of rural land,we should adhere to the principles of "antagonism of registration,unification of registration institutions and clear registration rules".In this thesis,normative analysis method and literature analysis method are used to search the literature on land contract management rights and land registration in a wide range,and the current laws and regulations on the registration system of land contract management rights are analyzed.his paper comprehensively discusses the theoretical basis,system status and existing defects of the registration system of land contract management rights,and puts forward feasible suggestions.This paper consists of four parts: the first part discusses the connotation of right to the contracted management of land registration,the registration object-right to the contracted management of land,by comparing the different periods of right attribute,connotation and difference,clarify its definition,at the same time,the author analyses the type of right to the contracted management of land registration,as discussed below its present situation and deficiencies do sufficient theoretical preparation.The second part expounds the legislative status of land contract management right registration system and the obstacles in the implementation of registration.The current status is explored in terms of land titling and the new provisions of the current legal system regarding registration of land contracting rights.The third part is to fully explore the deficiencies of the system.Horizontally,it compares different provisions of land contract management rights in the same law,and vertically compares the same provisions of laws of different ranks,and summarizes the following four shortcomings: The registration effectiveness varies greatly in the alteration of the right of land contracting and management rights,the registration organs in charge of the registration show the situation of multi-management due to the different land uses,the specific registration forms in the registration process are obstructed due to the imperfect legal provisions,and the registration relief mechanism is not perfect when the defect registration occurs.The fourth part mainly puts forward feasible suggestions and refines them into concrete measures.This paper puts forward some suggestions from four aspects:registration institution,incentive mechanism,registration procedure and relief mechanism.
Keywords/Search Tags:Registration of Contracted Land Management rights, Validity of Registration, Registration Authority, Remedy Mechanism
PDF Full Text Request
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