Study On The Ledgal Problem Of Farmland Contract Right Circulating

Perfecting the circulating system of farmland contract right, contributes to the appropriate scale operation of agricultural operation and shifting the surplus rural labor force, and it is a key to " three agricultural problems". Meanwhile, land property system is the core of property system, and a further research into the circulation of farmland contract right will contribute to setting up property system with Chinese characteristics. This is original intention of author's writing this article.This article divides four parts altogether. First part, which will make preparations for constructing the circulating system of farmland contract right in the following chapters, is on the theoretical problem of farmland Contract right. I propose: 1, farmland contract Right is the private right with public law color. On one hand, the contractor can dispose one's own right in freedom; On the other hand, both contractorand subject obtaining the farmland right from contractor, exercise right public profit in accordance with public profit. 2, the farmland contract right plays the function of ownership in fact, thus overcome the defect of the non-negotiable land ownership. 3, farmland contract Right is an independent property equal with land ownership, only like this, the contractor could dispose one's own right freely. Second part is about the general system of the farmland Contract right circulating, which is suitable for various kinds of circulation ways. I have explained the Principle, restriction of the farmland contract right circulating and collective member's priority theoretically. I think the farmland contract right circulating should make efficiency a priority. The third part is about the renting, subcontracting and becoming a shareholder of farmland Contract right. I think: 1, It is not an independent circulation way farming for a contractor, should be included in renting or subcontracting. 2, under Above-mentioned three kinds of conditions, farmland contract right is circulated by the creditor's rights way. The fourth part is about the transfer, mortgage and pawn of farmland contract right. I thought: 1, Exchange is not an independent circulation way, should be concluded in transfer; 2, the contractor can circulate his farmland contract right by pawn; 3, through above-mentioned circulations, new obligee obtain right of property nature. In addition, I have also analyzed the change announcement system of farmland contract right and proposed somesuggestions to it.Circulating of Farmland contract right is one quite complicated problem, so I am not competent for it according to my shallow knowledge. This essay's purpose is to make a preliminary exploration to this question. If its fragments can inspire others' thinking, the purpose of this paper will achieve.