Study On The Transmission Of Management Right Of The Contracting Of Land In Rural Areas

The issue of land is an insuperable proposition in the modernization of China. China will not be modernized without the modernization of rural areas. Among the flourishing problems concerning land, the issue of the transmission of management right of the contracting of land is the core and key for the solving of the problems. The management right of the contracting of land in rural areas is a real right. How to break the conservative stipulations in present laws for the transmission of management right of the contracting of land to guarantee its healthy and ordered development is a problem cries for solution in legal theories and legislation practices.This thesis is composed of introduction, main body and conclusion. Chapter one firstly defines the basic concept, kinds and legal characteristics of the transmission of management right of the contracting of land in rural areas. An analysis is taken to the legal barriers and the reasons in present practices. Based on the definition of the legal concept and basic kinds, five legal barriers are indicated in the practices of the transmission of management right of the contracting of land in rural areas. They are: the enclosing scope of transmission, the disordered procedure of transmission, the arbitrary price of transmission and the backward management of transmission. Reasons for the above mentioned barriers lie in the fuzziness of the property rights of rural land, the excessive social guarantee shouldered by rural land, the essential factors for the transmission market of land, which are the systematic, preventing and conditional factors respectively for the impeded transmission of management right of the contracting of land in rural areas.Chapter two is the presentation of the basic thinking for the perfection of the laws of the transmission of management right of the contracting of land in rural areas, based on the fact that the management right of the contracting of...