Study On The Legal Attribute Of Right To Contracted Management Of Land In China

Land, the most essential production factor for human beings, is vital for farmers' living. China has started on rural economic reform and executed Household Contract Responsibility System since 1978, and finally established the contractual management right of land based on the improvement in practice. Agricultural production is one of the important sources of farmers' income. Therefore, it is significance for developing rural economy and constructing new countryside that to protect the right of contractors. In academic circles, there're always existing controversies over the attribute of land contractual management right, by which defined as the real right for usufruct in the Real Right Law of the People's Republic of China(RRLPRC). Specifying the property of real right is benefit for protecting the farmers' rights and interests. However, the land contractual management right was established with social security responsibility, which is inconsistent with property right such as the aim of used with no waste as well as enhancing land productivity. Therefore, the most important issues concerning the land contractual management right in RRLPRC is how to coordinate the contradiction according to the development of rural areas. The thesis further analyzes the social security of the contract land property based on its properties, and then explains its development tendency.The thesis consists of four parts. The first part is an overview of land contractual management right. At first. the author illustrates the concept and legal features of land contractual management right. Subsequently, the author further analyzes the legal features and explains the factors which define the legal attribute of contractual management right. The second part argues for the contracted management of land as real right for usufruct. The author sums up the topics on contracted management of land in the academia circles at first, and then expounds the reason why it is defined as usufruct and the reflection in RRLPRC. The third part discusses the social security of contracted land management right. The author introduces the concept of contracted land management right and social origin of its social security function as well as its differences and conflicts with properties. At last of this part, the author explains how the social security arranged in RRLPRC. The fourth part interprets the legal attribute of land contractual management right and its future trends, that is, to improve its properties and weaken its social security function.