Problems And Solutions Of The Transfer Of The Right To The Contracted Management Of Rural Land

As a traditional agricultural country, coupled with the large number of population, the contradiction of huge population but little land is particularly prominent. Adequate solution to the land problems is directly related to our food security and social stability. The circulation of right to the contracted management of rural land is a vital link to resolve land issues.With the development of social productive forces and the expansion of scale of operation in rural areas, the transfer of the right to the contracted management of rural land has become a necessary requirement for transferring of rural labor and optimizing the allocation of land resources in rural areas. The transfer rights can effectively prevent and reduce the abandonment of rural land, which further stabilize the rural land contract relations.However, for some historical reasons and the special function of social security it burdens, the circulation of rural land is restricted strictly, especially the right to the contracted management of rural land. Despite has been defined as usufructuary right in"Property Law", limiting the power of disposal right, the treatment to the transfer of the right to the contracted management of rural land is not as equal as others.All this not only limits the effective realization of the interests of farmers, but also limits the achievement of the market economy in rural areas. This thesis can be divided into four chapters. Chapter one will provide a history research about the legislation and policy of the right to the contracted management of rural land transfer in China, and shows that no matter in theory or in practice the transfer of the right to the contracted management of rural land has been a development of a historical period. In chapter two, the necessity and feasibility of transfer of the Right to the contracted management of rural land will be discussed. The development of market economy, the further development of urbanization and industrialization, and the existence of huge numbers of transfer, make it important that standardize and promote the transfer of the right to the contracted management of rural land. The transfer of the right to the contracted management of rural land based on its real property, so that perfect the right to the contracted management of rural land on the basis of property is good for stable the long-term of the right to the contracted management of rural land, then the transfer of the right to the contracted management of rural land will be possible. Chapter three will provide an analysis about the problems of the transfer of right to the contracted management of rural land in current stage. The problems consist of the limitation of the power of right to the contracted management of rural land; the imperfect circulation of the market mechanism; the imperfect resignation of right to the contracted management of rural land; the imperfect social security mechanism and so on. According to the analysis in chapter three, chapter four gives some solutions that improve the disposal power of right to the contracted management of rural land as property; establish a more comprehensive transfer market of the right to the contracted management of rural land; perfect the resignation of right to the contracted management of rural land, and improve the rural social security system so that farmers would like to transfer, dare to flow and can flow.