Study On Right To Contracted Management Of Rural Land In China

This dissertation, rooted in the reality of China's rural land system reform, combines the investigation and demonstrative analysis with jurisprudence so as to systematically address the legal problems concerning the right to contracted management of rural land in both profound and detailed way.Apart from the introduction and conclusion, there are four parts:The first chapter presents a jurisprudential basis for the right to contracted management of rural land in China. China's land right system is basically divided into the ownership system and usufruct system. Land legislation shall aim to realize equity and efficiency of the land right system, to safeguard the sustainable development of the national economy, and to establish sacred principles like property right stipulated by law, one right for one property, notification of and public faith in land change, and specified usage of land. Being the source of the right to contracted management of rural land, the institution of collective ownership of rural land can be perfected by efforts made from the three aspects: to explicitly define the subject of collective ownership of rural land, to normalize the exercise of collective ownership of rural land, and to construct the usufruct system concerning the collective land in rural area.The second chapter try to clarify the nature of the right to contracted management of rural land in China. With the further deepening of the rural economy system reform, the right to contracted management of rural land has gained a realistic basis for being defined as property right, it is hence advised to be named as usufruct of rural land. Consequently, rights in special law as Grassland Law and Fisheries Law need to be arranged in accordance.The third chapter analyzes the circulation system of the right to contracted management of rural land, in which the author believes exist legislative deficiency and insufficient institutional support. To improve the status quo, we should adhere to the first place of efficiency while taking into account the fairness; we should radicate principles like voluntariness, compensation, registration, and restriction; by means of legislation, we should define the property right nature of the right to contracted management of rural land, list out the different ways of its circulation, expand the...