Research On The Legislation Countermeasures And Suggestions Of Perfecting Transference Of Rural Land Contract And Operation Right

The land contract and operation right is the contract management right that the citizen and the collective economy organizations legally enjoy to the land owned by the collective or the country but used by the collective .The land which takes one kind of natural resource and the public wealth, is condition and important social security which the peasants survives. Along with the reform and opening policy gradually deepening , proceeding our industrialization and urbanization, promoting the reasonable transference of land, adding wealth, improving peasants' income, protecting peasants' interest, strengthening land management, vitalizing land assets in urban and rural areas , improving land use deficiency and protecting cultivated land conscientiously, have very important meanings to the sustainable development of social economy of our country. With the industrialization and urbanization deepening currently, lots of peasants, especially young adults peasants flood in city(so that problem of migrant workers has become a major issue which will not be ignored, and the legal profession appeals legislation to urbanization peasants) great changes have happened to the relations between peasants and city , peasants and industrialization, especially between peasants and the land, peasants and the land contract and operation right. On the one hand, peasants contact closely with city and industrialization. On the other hand, a new relationship has formed between peasants and the land contract and operation right, which gives them constantly but they are not willing to be fettered. To some extent, this new relationship decides that reasonable transference of land could resolve contradictions that peasants continue to need the security of land while leaving land temporarily for seeking wealth in city. Or we can say that transference of land makes bigger possobility for land reasonable usetility in a sense after peasants entering city.With the gradual esteblishment of market economic system and constant development of rural economy, promoting rural productivity, higher demands are raised on the form of agricultural production, agricultural structure being adjusted continously. To reach the target of agricultural industrialization and rural modernization requests portfolio optimization of production factors, the relative concentration of land , and achieving appropriate scale operation. That necessarily involves transference of rural land. There is no expression of precise meaning about transference of land in law, no more consistent reference among theorists, no unified definition in literature of transference of land. Rural land contract and operation right is the product of rural economic system reform in China. That is a Chinese characteristics civil rights which is created by Chinese peasants and recognized by law. We implementing the system of public land in China, land ownership has no market access, as well as peasants collective land ownership is unique in the world. Therefore, rural land contract and operation right is obviously distinct from emptytiusis, the right to form and agricultural land tenancy of developed countries or areas. Transference of rural land contract and operation right has its own operating rules and characteristics.This article begins with describing some questions briefly such as the background, the intention, the train of thought, the methods of this research and so on. Next, through analyzing the significance of shifting the land contracting of management , especially emphasizing the necessity of transference of land contract and operation right, which had proven that transference of rural land contract and operation right is necessary for rural industrialization, urbanization and agricultural modernization. The third part of the article choosing transference of rural land in Chongzuo city as object , analyses the problems existed in the process of transference of rural land contract and operation right, looks up the existing flaw in laws and regulations, analyses the reason for the current problem, and hopes to discovered the effective solution. Finally, according to the present flaws in the system of transference, viewing from the new angle of "China's Property Right Law", the article proposes the consummation of the system of transference of rural land contract and operation right, and explains views on the principle, the method, the form of publicity, the rights and obligations of parties, the legal limitation, specific provisions, and related supporting systems.