The Research On The Circulation About The Right Of Contractual Management Of Rural Land In Our Country

Develops along with the economic society, our country proposed the build socialism new countryside grand concept. Three agricultural questions are the new rural reconstruction three fundamental points. The perfect land contracting right of management's circulation system is the new rural reconstruction point of application, relates economic society's development, relates the countryside the stability, relates farmer's fundamental interests.The author takes the object of study by the land contracting right of management circulation, has decided the land contracting right of management as well as its circulation legal nature compared with the detailed scientific boundary, and carries on the analysis and the discussion according to it with the profit real right's characteristic. The author elaborated fully in the Contemporary China consummation land contracting right of management system's great significance, namely is advantageous to the rural community productive forces development, is advantageous in "three agriculture" the question solution, is advantageous in achieves the cities integration social development goal. The author in the basis existing national condition and in legal framework's foundation, to "Reality of laws", "Countryside Land contracting Law" and so on related law and the administrative rules and regulations has carried on the evaluation and the critique about the land contracting right of management circulation's legal rule, had pointed out its legislative flaw, and has unearthed the current land contracting right of management circulation system development lag social reason thoroughly, and take this as the foundation, proposed consummates our country land contracting right of management circulation system's guiding principle, namely, in insisted the land ownership nature does not vacillate in the foundation, contracts the power stably, stimulates the right of management; Insisting that ", is legally voluntary, is paid" the principle; Insisting that protects the land agronomical value as well as guides with the market direction and the government unifies and so on guiding principles.The author in view of our country land contracting right of management circulation present situation, proposed through the change related legislation stipulation, the science limits the countryside land contracting right of management the circulation way to carry on the legislation to consummate; Through speeds up the consummation land circulation registration system and the land circulation management by supervision carries on the coordinated sets of measures the consummation; Safeguards, lateral economic ties and ways and so on cultivation development Intermediary organization through the complete rural community carries on the overall system to be perfect. The author hoped that promotes the countryside land contracting right of management circulation system's construction by this, the promotion agriculture industrialization process, displays the land fully the biggest potency, achieves the socialism new rural reconstruction great objective.The full text divides into three parts, total 27,000 characters.