| Land is the survival of the human society's most important resource. Therefore, a reasonable land system is of great significance promote social stability and development. In accordance with the Constitution, China's public-owned land is the public ownership of our country. There are two specific forms, that is, the national land ownership and collective land ownership. After new China was founded, collective land ownership has gone through several stages of development .In the final, It established the family as a unit of the household contract model in 1978. Land contract operation rights enters the legal field of vision. However, on the land contract operation rights of the nature of the property had said claims that the right to say so on a variety of complex theory. With the law of the promulgation of the land contract operation rights to use the beneficial nature of the property has been inconclusive, but the law in the land contract for the right to operate the power restrictions led to the criticism from all walks of life. In this paper, in China's rural land system, respecting for the basic framework under the premise of the land contract operation rights to the property of the center will put the land contract rights, justice, freedom, natural law, the system of economics, market economy under the various latitudes, Mesh thinking look at the land contract rights, legislation to identify existing problems and put forward practical construction of the system. It also contracted land management rights from the state ought to be real and natural state of the point of view, the land contract operation rights of formal and informal system test, looking for the right to land contractual management in the right direction. |