The System Of Shifting The Land Contracting Right Of Management

The land contracting right of management is the citizen and the collective economy organization legally all or the country possesses the contract management right to the collective which enjoys by the collective use land. The land which takes one kind of natural resource and the public wealth, is condition and important social security which the farmer survives. The implementation of land contracting management system that take the family Union production contract responsibility system as the foundation, stimulated our country several hundred million farmers originally to the land fervor, enhanced the countryside productive forces, and promoted the rural economy development. However along with the reform and open policy gradually deepening, the agricultural industrial production advancement speeds up, after specially continued from above century 80's intermediate stages grain continuously several years high production but immediately does not pace back and forth front, the people, especially the, general farmers, have had the suspicion to this new economic system. Truly, the land contracting system which has displayed the vital role in the history, has appeared all sorts of malpractices suddenly in the new historical stage. Such as the original legislation mentality was too stiff and specially conservative, limited greatly the shifting of the land contracting right of management, prohibited it entering the market as one kind of commodity. This does not conform to the market economy basic rule, fundamentally has fettered the land contracting right of management in the new time survival development possibility. In the discussion "Reality of laws Draft" center, these questions obtained the attention, and performs to improve, but was not still perfect. This appears to the land pasts the aspect research to be more urgent.This article begins from the shift system of land contracting right of management. Then it elaborated the land contracting right of management, the shift of land contracting right of management, the nature and its the basic content. This have drawn the conclusion that the land contracting right of management is real right, and had the foundation of shifting the land contracting right of management. Next, through analyzing the significance of shifting the land contracting right of management, especially emphasizingthe necessity of shifting the land contracting right of management, it had proven that shifting of the land contracting right of management is necessary for the countryside productive forces development. The third part of the article analyzed the questions which existed in the process of shifting the land contracting right of management, look up the existing flaw in laws and regulations, analyzed the reason for the current problem, and hoped to discovered the effective solution. Finally, according to the present flaws in the system of shifting, the article viewing from the new angle of "Reality of laws Draft", proposes the consummation of the system of shifting the land contracting right of management, such as the principle, the way, the form of notice, and the legal limitation. I hope this article will benefit the real right legislation which soon promulgates in our country.