| The contractual operation right of land is the basic right of Chinese peasants. With marked Chinese characteristics, the legal system of the present contractual operation right of land has been established gradually after the continuous practical stage. It has played an important role in ensuring peasants' basic right,developing rural economy and stabilizing society. But the contractual operation right of land can not be carried out perfectly by the way of judicial powers,because of the shortcomings of the system itself and the different understanding about the right between judge and academic circles .This paper will take up the viewpoints about the contractual operation right of land in order to help judges to hear cases correlated with the right.This article is composed of eight segments.Part one is the introduction to the meaning and objective of this article.Part two is the brief account of the contractual operation right of land. The author starts from introducing the concept,establishment and alteration of the contractual operation right of land,meanwhile ananyzes and points out the nature of the right should belong to the category of property right.Part three is the exposition of the contract of land. The author clarifies the concept,characteristics and way of the contract,then points out the problems on the contract signing and fulfilling. And last the author distincts the relationship between the contract and the right. Part four is the discussion on the procedure of gaining the the contractual operation right of land.Part five is the analysis on the necessity and way of the circulation of the contractual operation right of land.Part six is the thesis on the legal protection of the contractual operation right of land.Part seven is the analysis on the shortcomings and reasons about the present contractual operation right of land.Part eight is the end. The author expects that the Chinese peasants can enjoy the use of the contractual operation right of land really .
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