A Positive Study On Influence To Land Circulation By "Law Of Rural Land Contract"

Land circulation is a new tendency at the process of deepening the rural land system reform under our country's rural land property system frame. In recent years, following the development of Chinese agriculture and rural economy, especially the rise of the industrialization of agricultural managing and gradual promotion of the rural laborer shifting , the land circulation has been accelerated. But because of lacking clear legal norm, unordered phenomenons of land circulation behavior took place occasionally. Law of Rural Land Contract, which Aims at legalizing the policy of rural land of these years and protecting farmers' right fundamentally, and making rural land contractual management right become a real one , was born under this background and began to implement formally since March 1, 2003. It's the first time that land circulating was definited in the law in order to legally standardize the land circulation behavior and protect the healthy development of it. So, it's very important to study what influence will be emerged to land circulating by implementation of the law.At first, the theory and reality about land law and land circulating both at home and abroad was reviewed and summarized in this text. Then, detailed exposition and definition about the basic theories and concepts that fit to positive analysis was carried on. After a normative analysis about the influence of the distribution about farmer land right made by law, on the basis of obtaining a large number of relevant data through investigation from two representative samples, a positive analysis was made to discover how farmer households' land circulation behavior response to main clause of the Law; Also, the variation of land circulation scale before and after the issuing of the Law was compared and analysised. Finally, acording to the above-metioned conslusions, some suggestions to the thinking for adjusting and perfecting the Law was put forward.