A Study On Legal Issues Of The Circulation Of Chinese Rural Land Contracting Management Right

Farmland is the material basis of human engaging in agricultural production,creating social wealth and producing food so as to meet the fundamental existenceneeds. While as the most basic and significant land property right, the contractual rightof land is in the core position of rural land use system. The theoretical deepening andsystem perfection of rural contractual right of land circulation are not only closelylinked with the improvement of the large farmers’ income structure in our country, theelevation of wealth creating ability, the transformation of social status and theguarantee of basic life, but also have meaningful influence on the transformation ofagricultural industry structure in our country, the economic development ofmarketization in country even the whole society, the achievement of social equity andthe stability of social order.Studying an issue we should start from the most basic concept, onlyunderstanding the basic one, we can find a logical point to analyze and solve problems.As for the contractual right of land circulation, the concept of land circulation andtransformation are the most basic ones. Reviewing the scholars’ definition and analyzethe legislation of the boundary of the institutional system of contractual right of landwhich plays very important role in deep understanding of the issue. Respectivelyclassify the normative texts of “legislation presentation, basic principle and restrictedcondition of contractual right of land circulation” in the present contractual right ofland circulation system according to certain logical framework so as to exhibit thebasic current situation of contractual right of land circulation system and enlighten theorientation of system development.Recently how many contractual right of land are there, what are the involvingbasic principles of each right and concrete implicational problem, all of them need thescholars study deeply. Start from the object and main body of contractual right of landcirculation, combine the social economic background produced by contractual right ofland, review scholars’ use and definition of contractual right of land, classify thedefinition of related legislations to the contractual right of land and extract the basic properties and features of contractual right of land. In consideration of “detailed depictthe essential attributes of different legal relation forms in contractual right of landcirculation and establish corresponding regulation system so as to achieve differentregulation purposes”, take “the law behaviors of contractual right of land circulationand the characters of law effects triggered by it” as classification criterion, and dividecontractual right of land circulation as property contractual right of land circulationand bond contractual right of land circulation.Under the systematic study foundation of law implication and basic types ofcontractual land of right circulation, further deepen into the interior of law relations ofcontractual right of land circulation, explore the right foundation of contractual right ofland circulation, analyze the contents and properties of this right, and detailed explainconditions and law procedures which accord with the acquisition, exertion andoperation of right. Point out that the right foundation of property contractual right ofland circulation is the disposition right which punishes contractual right of land in law,and the exertion of disposition right must have certain form conditions, namely,present it in written form; the bond contractual right of land circulation must take thecirculated legal effect between both circulation parties and bond contractual right ofland circulation contract achieved under both parties’ rights and obligations aspreconditions.In recent years, although our country has developed the circulation of contractualright of land rapidly, there are still many limitations and difficulties. The ruralcollective land ownership is meaningless, causing difficulties to the transfer of landcontract and management rights. What is farmers’ legal nature of the right to landcontractual management? The legislation has no answer. Similarly, the excessiverestriction of contractual operation right of rural land is in the circulation of rural landcontracted management right, the real right nature is fuzzy, the state of ownership ofland contract management right is not clear and causes damage to interests of theparties to the transfer of land disputes everywhere, which seriously restrict the ruralland contractual management right run smoothly and orderly, and influence thestability of rural society, hinder the rural economy. So, we should clear the main ruralland contracting right of management, regression collective economic organizations, cancel the constraints of the current law, determine the land contractual managementrights, the nature and form, strengthen the right of land property enhancement.The relevant system is not easily carried out and the related guarantees are notperfect. During the application in the Chinese countryside, the system of contractualright of land circulation is blocked in legal implementation part. Putting forward theeffective operation of contractual right of land circulation system depends on the socialguarantee system of unified design between the city and the countryside, the functionimplementation of land administrative management department in local government,the right relief mechanism of contractual right of land circulation dispute, and theperfection of many mating systems. The deficiency or invalidity of any relevant matingsystem will directly influence the function exertion of contractual right of landcirculation system. The rural social security system reformation should walk out theland guarantee model corresponding to peasant economy and achieve transformationfrom land guarantee to social guarantee; in operation of contractual right of landcirculation system, both the land administrative management department in localgovernment should regulate its supervision function and local government shouldstrengthen its service function to offer necessary condition and guarantee for thedevelopment of contractual right of land circulation market; put forward a series ofjudicial structure reform proposals to fully exert judicature relief mechanism’s duefunction in contractual right of land circulation disputes, and establish diverse andthree-dimensional right relief system of cooperating with each other and fosteringstrengths and circumventing weaknesses.