On The Completion Of System Of Right To Contracted Management Of Collective Barren Land

Our country possesses abundant barren land resources as the reserve resource, which leaves undeveloped for a long time. Its enormous value of development can help relieve the severe problem of lack of land. In order to standardize the development and utilization of barren land, we created the concept of"right to contracted management of barren land"in legislation. In chapter 3 of Law of the People's Republic of China on Land Contract in Rural Areas the right to contracted management of barren land is specifically standardized, while mere 7 articles can not completely standardize the development and cultivation of barren land and to some extent, there are some irrationality in the content of these articles. Property Law makes some adjustments on some contents of Law of the People's Republic of China on Land Contract in Rural Areas. However, issues of whether it has constituted a complete and distinct contract system of managerial right and whether the social benefits and contractors'interests are balanced are not discussed. The author tries to probe into the existing system and puts forward with some assumptions.The thesis is divided into five parts.Part one mainly discusses the jurisprudence basis of standardize the right to contracted management of barren land and argues the core lies in how to make a proper system fit for its development and cultivation according to the property of respective barren land. The author firstly, according to the positioning of barren land in land utilization system, finds out the unique property of barren land, then concludes the due property of right to contracted management of barren land and the conflict between social benefits and contractors'interests.The second part further discusses the legal property of right to the contracted management of barren land and by analyzing the legislation situation of right to contracted management of barren land in our existing laws and regulations, and summarizes the problems regarding the laws related to contract for managerial right for barren land.The third part mainly discusses the acquisition of right to contracted management of barren land. By probing into the regulations on the subject, acquisition mode and requirements of right to contracted management of barren land, the author argues the rationality of laws and regulations and puts forward the suggestions on the abortion of the right of township government in setting right to contracted management of barren land and in addition to the existing laws and regulations, the author also comes up with the assumptions on the timeline of acquisition and registration efficiency of right to contracted management of barren land.The fourth part mainly discusses the timeline and efficacy of right to contracted management of barren land, which includes the effective duration of the right to contracted management of barren land and the rights and obligations of contractors. The author investigates into the regulations on the rights and obligations of contractors in the existing laws, points out that it gives the contractors excessive autonomous space regarding the contents and timeline of right to contracted management to barren land, which may lead to unfair. In addition, the author also puts forward with some suggestions.The fifth part mainly discusses the termination and compensation of right to contracted management of barren land. With regard to the causes and results of the termination of right to contracted management of barren and some issues, the author comes up with some revised advices and assumptions and briefs some ecological compensation system.