Research On Problems Of Land Contract Management Rights Transfer

Land is the agriculture basis, the farmer increases to accept of source, the village wealthy guarantee, constructing harmonious socialism new village, returning a knot bottom wants on the setting up of land system to put forth effort. In the numerous and complicated land problem, transfer of the contractual right of land problem is key among them beyond doubt. At present, although our country village land's contracting for real right of conducting the power to turn theories has already reached a consensus basically in the academic circles, but the our country land contract for management rights transfer system still exist many irregularities, how to reconstruction and perfection has become China's Legislative Practice and Theory of the main problems facing.In this text, the author has summed up our country land contract for management rights transfer system current situation first, from the existing land contract and management rights transfer system, the main show starting with problems, using historical analysis, the history cause that system forms and the real difficult position wandering about have carried out detailed analysis on contractual right of land, have pointed out the current our country rural area transfer of the contractual right of land several there existing in middle in practice primal problem further on the basis having a general comparison: that is not reasonable collective ownership of rural land, the land contract controversial nature of the right to operate, contractual right of land can not flow to turn freely , transfer of the contractual right of land form chaos and the transfer of the contractual right of land ownerships change pattern contradiction Further analysis of the obstacles to the reality of the causes.In the process of implement for Reality Law,many problems involves the transfer of the contractual right of land.We found an uncomplicated solution to the problem but the shortage of analysis of which is the problem so that we won't have thoroughly understood the essence from theoretical level.In solving the problem of which,we should analyzing the ideas of system for the operation of land contract ,in order to keeping to the main point of solving problems.Secondly, The authour thinks the base going deep into theory connotation and whose self implication having excavated transfer of the contractual right of land's, includes: equal principle , free principle , beneficial result principle and harmonious principle, have carried out thorough investigation and discussion on it's the apply on transfer of the contractual right of land problem.the authors based on the rural land contract rights on the basis of the property, made perfect contracted land management rights transfer related issues basic ideas: the key to resoling the right of operation of land contract lies in specifying the content of it ,which won't be confirmed at random to constractor–out for protecting the contractors'lawful ringts and interests.According to the principle of law for real right,the categories,content and open method of which would be fixed definitely rather than confirmed at random by contract.Real rights of rural land contract are the preconditions for criterion.Thirdly, effective reform path should be clear title to land ownership and orderly transfer order, need to be aimed at current collective land ownership existing contradictions and problems, continually strengthen and improve the system of collective ownership of rural land, gradually established and improved land contract rights of property and land property rights and contract free circulation system, based on the status of relations between farmers and the right to operate the contract can legally bear holders use, the distribution of income, limited circulation, remove no appropriate blockage that the land legal system structure defect develops to rural economy then. Meanwhile, the land contract is the right to operate under the collective ownership of land a full, independent of land ownership patterns. Wander about for smoothness promoting rural area contractual right of land further, way improves and perfects transfer of the contractual right of land further on the basis must depend on clear property right.Under the circumstances,various forms of transfer will be classified according to nature.The methods of which include trade,exchage,grant,succession,and mortagage ,but the transfer method of setting the claim include rent and buying share.The right of operation of land contracted,as of a right of usufruct,should not only be free of sale,but also include the grant for exploit the utility of land resource.Finally, the author from the existing legislation on rural land contract management rights transfer issue and the reality which flows to turn to practice to improve to the current lawmaking requests to set out. Compared to the integrity of the two perfect contracted land management rights transfer system supporting the idea, improving land registration system and improve the contracted land management rights transfer restriction system. The land contract from the transfer of the right of publicity, how to set limits circulation, and who restrictions, and this is what should limit the effectiveness of the analysis, has set forth an author self viewpoint.From a point of legislation,a variation mode of rights of land contract should be in harmony with the whole system of real rights rather than applied alone.Jurisprudential circle maintains real estate should practice a unified legal basis,utility of registration,procedure of registration and a unified rights certificate about the problem of unification for the registration of real estate in order to be resolved once for the land registration.The authu thinks it should be reasonable for the limit to the collective economic organizations of the village.Because they either are the ownership of land or have functions of public rights .As to the limit of rights,which should not limit too strict so that block the transfer of it .The author has set forth viewpoint that the land ownership of collective economic oranization should put on records for it.The collective economic organization may declare void of the contractual right of land if there are conditions of breaking law.