The Imperfection And Countermeasure Of Right To Contract For Management Of Land

Land is not only natural resource but also social wealth; it is object of land management, the basic productive material, and one of the important objects of physical property .The using and belonging of land are related with the fair distribution of social wealth, agricultural production and the using rate agricultural land. So it is very important for land use, agricultural production and right protection of citizen to set up effective agricultural land use institution.Really sign along with the social market economy system of our country and the deeply turn of the system reform of the village land, right to contract for management of land already complete basically the change that arrives the real right property from creditor's right property. In spite of is 《 the law of contracted management of the rural land》 still the person deliberates greatly of 《the law of real right( drafted plan)》 try the real right protection to protect the real right of farmers. The state of the nation and villages realistic circumstance of the our country comes to a decision right to contract for management of land is a new kind of usufruct of immovable property which is different from traditional usufruct of immovable property. As to it's protect have no in brief the set uses the traditional real right protection method, the place that use even have already broken the protective mode of traditional real right.This text begins from the analytical of some national's rural land system. Draw lessons from Germany, Japan and Taiwanese region in the continental law system and American advanced experience. Author discusses the specialty of right to contract for management of land and the present condition of real right protection. Although is a kind of real right , is restricted in some aspects for example the handling, obtaining and inheriting of right. It still remains some creditor's right composition and can't express completely the real right property and value of usufruct of immovable property. In addition, the subject and scope of the real right protection have...