The Research On Legal Problems Of The Shift Of The Land Contractual Management Right

As a kind of natural resource and social wealth, land is the existence condition and important society guarantee of peasant. Especially in a many population and scarce land country such as China, the contradiction is more and more conspicuous. The quality of the land problem solves which directly concerns "The Three Rural Issue" Settlement. And it is a very important link in a land question that land contractual management right is transferred. However, Because the land contractual management right has itself defect, and there are various obstacles in the course of transfer of the right to the land contractual management, which makes the rural land contractual management right not to be a kind of merchandise into the market and to transfer freely throughout, which does not match with the regular market-economic. So that study of transfer on the rural land contractual management right is necessary and more urgently.This paper starts from the shift policy of the land contractual management right. It analyses the background and evolution of the shift system of the land contractual management right. Besides, this paper analyzes the present situation, the driving mechanism and the external conditions of the land contracting right of management shift. It makes the conclusion that agricultural technological development and agricultural comparative benefits are the external drive of the land contracting right of management shift; the smooth transference of labor force, the comparative advantages of the scale management, the clear and steady land possession right system, the complete social insurance system and perfect market system are the external conditions of the land contracting right of management shift. Lastly, the thesis put forwards to the thoughts and solutions of developing the land contracting right of management shift aiming at its problems. It proposes its own opinions on the basic principles and the establishment of land contracting right of management shift, and the improvement of external environment. It is expected that they would have some referential influence on the development of the land contracting right of management shift in China.