Research On Legal System Of Circulation Of Contractual Management Right Of Rural Land

Contractual land management right circulation is an important mean of improving land efficiency; it can also achieve the effect of large-scale operation. If we want to scientifically and rationally allocate production resources; to fully utilize land resources; to solve the problem of "no land for those who want to farm; but they have to farm for those who don't want to "; to accelerate the urbanization process; to lead China's agricultural to modernization. A well-designed legal system of circulation of land contractual management right is badly-needed.The promulgation of China's "Land Management Law", "Land Contract Management Law", and "Property Law" has played a very important role in the safeguard of the right holders'legitimate rights and interests, and in protecting the legitimate circulation of contractual management right of rural land. However, laws and regulations related to the circulation of contractual management right of rural land still haven't clearly defined the land ownership. The ways of circulation have been strictly restricted. Research on legal system of circulation of contractual management right of rural land can promote the healthy circulation and protect the lawful rights and interests of farmers.This paper is divided into three parts; the first part is an overview of the circulation of contractual management right of rural land. In this part, connotations of contractual management right and circulation of contractual management right are analyzed; the significance of proper circulation and the premise of circulation are discussed; the ways of contractual land management right circulation are introduced at the same time.The second part concerns legal issues and causes of these problems of the circulation of contractual management right. This part introduces the general legislation of the circulation of contractual management right of rural land and analyzes the legislative deficiencies.The third part is suggestions of perfecting the legal system of circulation of contractual management right of rural land. Measures such as clearly define the land property, severely regulate acts of government, and improve the circulation methods of contractual land management rights are strongly recommended.