Succession Problem Of Right To Land Contracted Management Of Rural Areas

The succession problem of right to land contracted management of Chinese rural areas has always been a contentious issue. Although the "Property Law "stipulates that land contracted management right is a usufructuary right, it has adopted an evasive attitude for the succession of land contracted management right, does not give clearly defined. The succession problem of rural land contracted management right is not only to the interests of heirs, but also to the interests of the collective economic organizations and other members ,and has has a very important role in the environment On the stability of rural society. Therefore, we discuss the succession problem of rural land contracted management right ,that is not only a theoretical problem, but is a practical problem. Inaddition of perface,this artiele is composed of four sections.The first chapter is the legal anlysis the succession problem of rural land contracted management right. This part begins from the relationship between succession of rural land contracted management right and transfer of the right to land contractual management,the relationship between Usufruct and Usufructuary.Then the feature and concept of succession of rural land contracted management right are summarized and concluded ,that succession of right to land contracted management of rural areas has different characteristics with the general succession .Then expounds succession of right to rural land contracted management of the necessity and feasibility on Chinese rural areas. Finally, China's academic circles on succession issues of right to land contracted management and the assessment of various doctrines expounded.The second chapter is the legal status and the main problems of succession problem of right to land contracted management of rural areas. And analysis these views that law-making process had appeared and our current legal system, summed up conflicts between the laws and regulations succession problem of right to land contracted management of rural areas, right to land contracted management of arable land and grassland do not succession, and contracted management right does not inherit can be contracted and can be adjusted according to the law of conflict and other defects.The third chapter is an empirical analysis succession problem of right to land contracted management of Chinese rural areas . The first is already generated through legal channels to resolve the right of succession to land contractual management of disputes, in fact, the court held a different view inherit the right to land contractual managementt too. Secondly, by way of questionnaire survey analysis succession problem of right to land contracted management of Chinese rural areas. Through empirical investigation concluded that: a good response to the current law does not practice in rural areas, has not been concerned such a succession disputes in the community, farmers need to strengthen the legal awareness.The fourth chapter is that perfect about the right of rural land contracting the question of successiont. First, analysis scholars have about the legal successor, summary the scopes about our legal and practical. Also pointed out that the right of succession to land contractual management succession, it is necessary to comply with the general principles, but also a unique principle. Then analysis methods the right of inheritance to land contractual management in the statutory succession and intestate succession under different circumstances. Concluded on how to improve such disputes, improve laws and regulations, improve the dispute resolution mechanism.