Study About The Effectiveness Of Property Right Of The Land Contract And Operating Right

Land as a natural resource and social wealth, is famers' conditions for survival and important social security. The implementation of the Land Contract and Operating System which based on the household contract responsibility system, has stimulated china's hundreds of millions of famers' enthusiasm, and improved rural productivity, promoted the development of rural economy .However ,in the new historical stage ,with the deepening of reform and opening up and the accelerated process of agricultural industrialization ,the Land Contract and Operating System that have played an important role in history have a lot of problem now, such as conflicts increasing ,land circulation obstructed, which has influnced the reform ,development and stability of the rural area. The main reason for this is that the effect of property right of Land Contract and operating right is incomplete .So, at the stat point of the course of china's the Land Contract and Operating Right and stipulated for property right ,the author analyzed deeply and systematically the appearances and bad results of deterioration of property right of the Land Contract and Operating Right, and also put forward some suggestions to perfect the Land Contract and Operating Right by using some content of the traditional permanent tenancy right for reference , using variety methods of study , such as historical study, documental study, comparative study and positivist study, etc.The thesis is divided into three chapters . the first chapter review the relevant laws and regulations of the Land Contract and Operating Right, to demonstrate the course of china's the Land Contract and Operating Right for the operation of the property right. In October 2007, was promulgated and carried out, the Land Contract and Operating Right was stipulated as beneficial property right, this is our starting point and direction of perfection of the Land Contract and Operating Right. Chapter two make a deep analysis of the deterioration of the effectiveness of the Land Contract and Operating Right, and indicate that the deterioration of Land Contract and Operating Right have generated many issues in formation ,stability ,circulation ,and give perfect views referring to these problems. Chapter three, after careful comparative analysis of different views of perfecting the Land Contract and Operating Right.,it is necessary to make reference to the traditional permanent tenancy right to perfect Land Contract and Operating Right on the basis of analyzing the realistic foundation .