Font Size: a A A

Jurisprudence Analysis Of China Rural Land Contract Management System

Posted on:2012-04-19Degree:DoctorType:Dissertation
Country:ChinaCandidate:Q WangFull Text:PDF
Abstract/Summary:PDF Full Text Request
The Third Plenum of the 11th session, held in December 1978, re-established the ideological line of "emancipating the mind and seeking truth from facts", which also marks the beginning of China's rural economic reform.Before economic reform in rural areas, people's commune system of the "political and social unity" and "three all, team-based" was implemented for a long term in our country.Many internal contradictions, which are not suitable for the development of social productive forces of rural areas, were caused due to the inherent structural features of people's commune system.The rural economic reform firstly started from the transformation of the basic agricultural production, with the goal of establishing the "household contract basis, two-tier management system with combination of unifying and separation."The key to achieve this goal is the reform of traditional agricultural land use system, changing agricultural land use patterns from "public owning and public utility" to "public owning and private utility".The core of agricultural land reform is to build land contractual management system and ensure that families have adequate land contract rights.The so-called land contractual management right, mainly refers to the farmers of collective economic organizations engaged in farming, forestry, animal husbandry and other agricultural purposes, possess the rights of processing, using and incoming according to its contract management of farmland, woodland, grassland, etc.The land contractual management right is the usufructuary right built on collective land ownership, whose right content is formed of two ways of legal and contract; contracted land management right is a right of members has the right to identity characteristics.The land contractual management system has the functions of social development and coordination of agricultural land, specification of agriculture land right subject, promotion on changing in agricultural production and management, etc.China's property legislation aims to "clear the attribution, play a material effect."When the owner subject of material is not the same as the using subject of the material, normally conflicts will occur between these two subject, the law must balance this contradiction, legislators must choose and protect its protection focus between the owner subject and the using subject.Land contract and management rights is the usufructuary right, which is set with property law as using subject of material, is the main means of our country to protect the using subject of agricultural land.In the provision of defining land contract and management rights as usufruct, China's legal system also designs land contractual management rights transfer system, registration system, collection system, etc., so as to give full play to the right performance of land contractual management rights and the property value of effective protection of land contract and management rights."Property Law" stipulates that the land contract and management operator has the right to circulate the land contractual management right through subcontract, exchange, transfer, etc according to"law, voluntary, paid"principle and the provisions of rural land contract law."Property Law" provides two property changes registration system related to land contractual management right, among them, the collective economic organizations use the principle of property rights changes of meaning doctrine in setting up the right to land contractual management, The right to land contractual management uses the registration methods of ex officio. The transfer and exchange of land contract and management rights use the register antagonism; As for the rental of land contract and management rights, subcontracting and other means of assignment of claims, only provides a filing system, but no registration system.The right to land contractual management collection uses the principle of compensation levy, compensation standards imposed by the original statutory compensation, gradually changed to be imposed to the reality compensation principle of adequately protecting "life, employment, social security"Through analysis and research to the right to land contractual management system, in my opinion, the improvement to the right of land contractual management system should be expanded with fully adhering to the foundation of rural basic management systems, focusing on expanding the right function to land contractual management rights.As the collective ownership of land cannot flow through the way of the legal line, whose power is limited to the establishment of the land contract and management rights with the form of usufructuary right, which gives full power to the right of land contractual management.The right to land contractual management can be changed from benefits based specific rights to a full-function-featured abstract rights.In this paper, the idea of setting up emphyteusis is put forward in the land contract and management rights. legal obstacles and practical problems faced when the land contract and management rights shares into Farmer Cooperatives were discussed. Conclude that the land contract and management rights in the form should be a no time limit right and statutory circulation conditions of the right to land contractual management should be modified.
Keywords/Search Tags:The right to land contractual management, Duration of land contracting and management rights, Registration of land contract and management rights, Emphyteusis household contract management system, Agricultural land system, Farmer Cooperatives
PDF Full Text Request
Related items