The Consummation Of The Developing And Utilizing System To The Uncultivated Land

There are about 1 billion mu available and unexploited wildland in China, which could be used for agricultural utilization. Because China has gone short of resources and got greatly lacked of per capita resources, it is then an important economic issue and environment issue which is related to the humankind existence and development, for China to make the wide land produce more social wealth through some exploiture and harness. Our Party and country has devoted a nice bit of bankroll and manpower in the exploiture and harness to the uncultivated land over a long period of time, but it does few satisfactory effects on account of the neglect of the unique resource attribute and development characteristic of the uncultivated land and the lack of pertinent systems and criterions in practice. Now, the mechanism of land exploiture and utilization is a dual right mode under which the land is owned by country or collectivity, but the exploiture is conducted by individuals. However, the fictitiousness, abstractness and ambiguity of the country and collectivity restrict their ability of action. Thus it is impossible for them to conduct the owner's right such as occupying, utilizing, profiting and handling. All these cause the ownership of the country and collectivity to the uncultivated land is pseudo-ownership. In fact, restrictive rules in the cultural legislation cause individuals who are pursuing the land exploiture and utilization do not have some basic and core rights to the land they are working with, which means that the right owned by individuals was not real right definite. During actual running, there exist many shortcomings about the contracted management right including the indistinct character of the right, the deformity of the right, the moving limitation of the right, the uncertainty of the contracted harness contract and so on. These corrupt practices severely damage the enthusiasm of the contractor in the harness and result in some robbing short-term activities and abandonment to the uncultivated land. Based on the practical analysis and combined with the real right theory of the natural resources, this paper definitely defines the contracted management right as a kind of real right, endowing the contractor with sufficient rights of occupying, utilizing, profiting and handling. Meanwhile, some real right alterations are accomplished to the contracted contracts and the open trust system is consummated, looking forward to strike up a developing and utilizing system to the uncultivated land, which is distinctly attributed, definitely authorized, rigidly protected and freely run.