The Legal Research On The Circulation Of Contractual Operation Right Of Rural Household Land

On October 12^th,2008,a desicion about promoting rural reform and development on some major issues promulgated in the third plenary session of the 17^th central committee of communist party of China,in which it propose to strengthen the contracted land circulation and service.That is,to establish and perfect the contracted land circulation market,allow farmers to have the right to the contracted management of land circulation in form of subcontract,lease,exchange,and cooperation on shares on a legal,voluntary and compensatory basis,developing diverse forms of moderate scale operation.Based on the above background,the thesis is a further study about the right to the contracted management of rural land circulation in China.As land is the most important real estate wealth and the right to the contracted management of land wealth is a kind of property right,it is necessary and realistic for its circulation. However,the current contracted land circulation system in China has serious planned-economy characteristics that can't adapt to the new economy development needs.This makes research and reform of the right to the contracted management of rural land circulation appear more necessary and urgent.Besides the introduction and conclusion,this paper can be divided into three chapters. The first chapter is mainly about the definition of the right to the contracted management of rural land circulation and the determination of its object.At the same time,analysising the problems in the contracted land circulation,its significance and the present transfer forms,in order to lay a theoretical and realistic basis in solving the deficiency of the current situation.The second chapter is to research and analysis the emphyteusis system in our history and foreign land transfer system,absorb their reasonable approaches,provide comparative theory to improve rural contracted land circulation.The third chapter first clearly consummates what principles our country rural contracted land circulation shall comply with,then link theory with practice according to what problems it may have,put forward the improvement suggestions, hoping to contribute a little to perfect China's rural land circulation system.