A Study On The System Of The Contractual Operation Right Of Rual Land

After years of the legal system reform on China's rural land, the mode of a collectively-owned land system comes into being, with farmers having the contractual operation right of land. This contractual operation right of land is a collective name for all the farmer's rights prescribed in the land operation contract, including the rights of possession, use and proceeds as well as a relative right of disposition. This right is the product of the reform on the agricultural economic system of socialism with Chinese characteristics, and is also the core of China's rural land system. In recent years, with the relief of agricultural tax, the promulgation and implementation of the Property Law and the rising price of land, the contractual operation right of land again greatly increased Chinese farmers' enthusiasm. However, many problems emerged concerning the right, so it is highly essential to know and understand the contractual operation right of the rural land and its related legal problems. Taking into consideration the reality of China's rural land system, the paper, based on sound theories, explores the related problems regarding to the contractual operation right of rural land.The paper, apart from the introduction and conclusion, can be divided into four parts.Chapter One is an overview of the contractual operation right of land. In it, the first section reviews the historical development of China's rural land system. The next section, after presenting the major conflicting views and evidences concerning the nature of the contractual operation right of land, claims that China's contractual operation right is a new usufructuary right in nature. Section Three presents the legal system of China's contractual operation right of land.Chapter Two discusses the basic contents of the contractual operation right of land. The first section explains the different gaining methods of the contractual operation right of land. It is followed by a discussion of the limitations of the existing registration system of the contractual operation right of land. This section proposes that the principle of registration with absolute effect should be adopted in the registration of the contractual operation right of land. Section Three is about the rights and obligations of the contractors and the contract issuing parties. This section is followed by a discussion of the nature, principles and methods of the circulation of the contractual operation right of land. It also discusses the limitations or problems of the existing circulation system and their possible solutions. Section Five discusses the causes and legal consequences of the extinction of the contractual operation right of land. In addition, the section, after a review of the legal prescriptions concerning the contractual operation right of land in collective-land expropriation, points out the limitations of the current land expropriation system and proposes the strategies to perfect it.Chapter Three analyzes the conflicts concerning the contractual operation right of land. To be specific, the first section reports the major types and causes of such conflicts. Section Two presents the contract-issuing-party's violations to the contractual operation right of land and the consequent civil obligations. The next section illustrates the qualification problems of the members in the rurual collective economy system, which is a key area prone to cause the above-mentioned conflicts. This section is followed by a discussion of the ways to protect the female's contractual operation right of land. It reveals the limitations of the related legal prescriptions and propses the ways to conquer them. Section Five, after a thorough review of the solutions to the conflicts, proposes the ways to perfect the conflict-solving system related to the contractual operation right of land.