On The System Of The Contracted Management Right To The Land

As a land system with Chinese characteristics, the system of the contracted management right to the land has the obvious specialities of the real right. During the long passed time, the academe had launched a long argument on the character of the contracted management right to the land, and the two outstanding viewpoints are the doctrine of real right and the doctrine of credit. With the promulgation of the Law of Contracted Land and the Law of Real Right, the academe had a final attitude on it, which is that the contracted management right to the land is a kind of real right, and is usufructuary right. Although our nation litigation confirmed that the contracted management right to the land has the status of real right, the system of the contracted management right to the land has many problems, and looking the contracted management right to the land as credit right for protecting often happens. The Law of Real Right has many problems to discuss, especially, the circulation of the contracted management right to the land can not go with the new position of the society. This text analyzes the nature of the contracted management right to the land, the system of the system of the contracted management right to the land, the circulative system of the contracted management right to the land, and the deficiency of it in present legislation, and tries to accelerate the systemic improvement of the system of the contracted management right to the land.