The Study On China's Legal System Of Transferring The Right To Land Contractual Management

Logical starting point of this paper is the transfer of the right of land contract form, compiled the transfer of the right of land contract history, Summarized the circulation status of the right to land contractual management, Analyzed and summarized the right to land contractual management transfer in China causes and objectives. This article focuses on the transfer of land contract rights of way. in accordance with the transfer of the different objects, To transfer the right to land contractual management shall be divided into circulation of the household contract land contractual management rights and the transfer of "four kinds of wasteland" the Contractual Right. Chapter 2 defines the meaning of 10 kinds of circulation way,analyzes the rationality of all transfer methods,Pointed out shortcomings in a variety of transfer methods. Proposed ban on Fanzudaobao etc. This paper studies the shareholder approach. The biggest drawback of the shares is the business capital shares through professional cooperatives and farmers of land shares in cooperatives occupy the land, Professional farmers cooperatives should be prohibited to land shares. in the land share structure of cooperatives, The farmers right to land contractual management absolute control Equity. Transfer method should be standardized. Author believes that actively promoting the lease. Article argues the right to land contractual management of non-mortgage and non-inherited. Another important element of Chapter 2 is the protection of land contractual management rights. Chapter 3 discusses the reasons for shortcomings of transfer of the right to land contractual management through theoretical foundation and the core concept, analyzes the nature of collective land ownership and right to land contractual management, pointed out that the institutions which use collective land ownership, analyzes the legal relationship between the relevant stakeholders in the circulation of the right to land contractual management, analyzes the legal relations in the re-circulation of the right to land contractual management, demonstrates the separation theory of land rights and land management rights contract. Finally, Chapter 4 proposed a set of legal measures to establish the right to land contractual management transfer market.