The Legal Measures On The Problems Of Rural Land Contractual Of Management Rights Circulation

The transfer of rural land contractual management right is a very important step on the solving of land problems in China. The well-organized transfer of rural land contractual management right which bases on the household contractual management is the demand of developing modern agriculture, as well as the consequence of the social and economic improvement of the rural area and the transfer of rural labor force. But in practice, more and more legal problems appear when the rural land contractual management right transfers ,they need to be solved urgently.Firstly, author presents a general introduction of laws and regulations on transfer of rural land contractual management right currently ,then analyses some practical legal problems which include the limited principle party and the scope of contractual right of rural land, the unscientific method of transfer and the unreasonable mortgage,inheritance and taking back. On analysis of the legal attribute of rural land contractual management right in detail, Author proposes that the rural land contractual management right should be registered to property right as long as the contractors have their collective economic organization membership. In this background, the rural land contractual management right can be transferred freely during land transfer, mortgage and inheritance, provided it is not definitely forbad in law. Differently, when the contractors do not obtain collective economic organization membership the rural land contractual management right should be look as the creditor's claim, this kind of rural land contractual management right not only should meet legal requirements but also the employer's or the terms of agreed by both parties (if it is not clearly defined by the law) during the transfer, exchange ,mortgage and inheritance. In the end ,author suggests that special laws and regulations on transfer of rural land contractual management right which can also be broadly used to grasslands,farmland and forest land should be legislated to improve and innovate the legal system on rural land contractual management right.