The Transferring System Of Rural Land Contract And Operation Rights

The land has the extremely vital significance regarding the farmer, the rural land contracting management system has implemented for more than 20 years in our country, along with social economy's development, the national law was gradually perfect and the related system's perfection, the rural land value obtains the display gradually. Along with laws and regulations'promulgations such as"Land Management Law","Rural Land Contract and Operation Rights Transfer Policing method","Agricultural Law","Land Contract Law","Security law","Property Law", the transferring system of rural land contract and operation rights obtained the enormous development and the consummation. on October 12th, 2008,a decision about promoting rural reform and development on some major issues promulgated in the third plenary session of the 17th Central Committee of the Communist Party of China, in which it propose to strengthen the contract land circulation and service. This is, to establish and perfect the contracted land circulation market, allow farmers to have the right to the contracted management of land circulation in form of subcontract, lease, exchange, and cooperation on shares on a legal, voluntary and compensatory basis, developing diverse forms of moderate scale operation.In current, the transferring system of rural land contract and operation rights has many deficiencies, including the transfer form limited excessively, and the limitation for transfer subject unreasonable and so on. The main reasons are: in the legislative process, the transferring system of rural land contract and operation rights has not grasped legislative systematic, and the fair and efficiency double law value orientation's balanced is incompatible with the transferring system, as well as the localization for the collective and peasant household which are the important main body in the transferring system is unscientific. In order to promote the rural land contract and operation rights transference, must relax the limits of the transfer form and subject and so on, the legislation value orientation should pay great attention to the fair, and also promote the transfer efficiency, in addition, the trading market and the registration system of rural land contract and operation rights and the judicial protection in transferring should be improved, at last, in the coordinated sets of measures aspect, the responsibilities of rural grassroots organizations should be refine, the rural social security system construction should be strengthened.