Research On Problems In Rural Land Circulation From The Perspective Of Law

The circulation of rural land management right is an important way to realize large-scale land use and agricultural modernization.Although the laws and policies related to rural land transfer in China are constantly improving,affected by various factors,non-standard and even illegal phenomena in rural land transfer are very common.Standardized land transfer and legal use of land after transfer are the key to the healthy operation of agricultural land market.Research on the non-standard phenomenon and its causes in the process of rural land transfer is of great significance to promote the standardization and legalization of rural land transfer.This paper selects some areas in Guanzhong as the research object,and studies the problems existing in rural land circulation from the legal perspective on the basis of fully drawing lessons from the existing domestic research results.Through the investigation,it is found that there are the following problems in the land transfer in some rural areas of Guanzhong: the subject of the transfer contract is not qualified;The form of circulation contract is not standardized and the content is not specific;The circulation filing procedure is not valued;Violation of the principle of legal circulation occurs frequently;The breach of contract is serious in the performance of the contract.The main reasons for the above problems are: Farmers’ lack of legal knowledge and grass-roots cadres’ weak legal awareness;Low cost of breach of contract and high cost of safeguarding rights;The legal responsibilities of functional departments are not fulfilled in place,the services and management of land transfer by agricultural and rural departments are not in place,and the law enforcement of land violations by natural resources departments is weak.For the above situation,this paper puts forward the following solutions: adopt various forms,strengthen the publicity of relevant legal knowledge,cultivate the spirit of citizen contract,and improve the thinking of grass-roots cadres on the rule of law;Establish a legal system for punishing dishonesty in land circulation;Strengthen the performance of legal responsibilities of functional departments,improve the reward and punishment mechanism of circulation management,ensure circulation management and services,establish and improve the information service platform for agricultural and rural departments,take the lead in the establishment of land circulation intermediary organizations by rural land contracting management departments,guide and supervise the signing and filing of circulation contracts by land management departments at all levels,implement the accountability of land management law enforcement,and intensify the crackdown on land violations;Optimize the mediation and arbitration mechanism and reduce the cost of safeguarding rights.It is hoped that this study will be beneficial to solve the existing legal problems of land transfer and promote the orderly development of rural land transfer,so as to better protect the legitimate rights and interests of relevant subjects.