Contractual Right Of Land How To Transfer

There are two ways of forming the legal system. One is spontaneously formed by relying on the power from the social system and exploring and accumulating the experiences of the social reform. The other is formed passively by studying the advanced foreign pattern. The system of contracted land operation right was formed by the first way. Its origin and evolution both accompanied the reform of the political and economic system, and experienced a period of the adjustment from policy to law. On March 1,2003, "Law of the People's Republic of China on the Contracting of Rural Land" was put into practice. It realized the intension of protecting the interests of the farmers by laws, and also played active roles in maintaining rural society and promoting the economic development of agriculture and rural areas. Owing to some natural factors like regional differences, it appeared "Three generations of rich" and "Three generations of poor," showing the defect of the legal system.In this text, the author started analyzing the changes of the rural land use system after the founding of New China, and summarized that the land contract system was the land system which complies with China's actual conditions and Chinese characteristics. By analyzing the land use systems in different periods, it summarized the good points and bad points of the form and pattern of land transfer in different periods. The author drew a conclusion that the principle and pattern of the transfer of system of contracted land operation right in the "Law of the People's Republic of China on the Contracting of Rural Land" was formed spontaneously in the process of exploiting and accumulating the social reform experience by the way of comparison and analysis.The legal quality of contracted land operation right was the topic that was disputed by academic community several years ago. There were three kinds of views—Work Relationship Theory ,Claim Right Theory and Property Right Theory. The author analyzed that the contracted land operation right had a double meaning in accordance with the legal rules: In the household-based situation, contracted land operation right has the property right; it has the quality of the claim right by bidding, auction, and open negotiations. This text mainly talked about the principles and forms of the transfer of system of contracted land operation right and its important significance. It analyzed the development of every transfer mode in practice by the form of questionnaires, and the defects of the legislation of transfer of land using right in rural areas and the practical transfer mode. It put forward the concrete measures that could improve the system of land using right according to China's national conditions and learning the experiences of legislation changes of rural land systems in Japan and the region of Taiwan of China.