Research On The Legal Issue Of Rural Land Contracting And Managing Right

As a basic system in rural areas, the purpose of rural land contracting and managing right is to mobilize the enthusiasm of the farmers produce, to liberate the productive forces,thus to develop the agricultural production.At the beginning of its birth, this system is indeed largely contributed to the improvement of living standards of chinese farmers. However, with the changing of the social situation, the settings of rural land contracting and managing right have been unable to better meet the system's purpose;some provisions are even not conducive to solve the issue concerning agriculture, countryside and farmers concerning agriculture,countryside and farmers.In view of this,how to solve the existing problem of the right of rural land contracting and managing becomes more important in the new social environment. Through the analyzing on the current system and the practice of different districts,and combine with theoretical and practical aspects,on the premise of breaking through the existing legal framework, this article makes some rather bold new proposal,in order to get the rural land contracting and managing right improved on the legal level.This article is divided into four parts:Part one is an overview on the current rural land contracting and managing system. This part is mainly a combing about the concept, legal nature, history and legal relations of the rural land contracting right. according to this combing, more details of contracting and managing right on rural land would be deep understand, and which is in order to further expand the researches in the following parts.Part two is a research from the perspective of existing provisions of the rural land contracting and managing right.At first, this part sorts out some of our existing laws and regulations as well as a series of some related party and state policy documents.And then, through the summary of these normative documents,the main problems of these documents are concluded. This part is a reconsideration of the current system of rural land contracting and managing right.Part three is a research on the practice in some places.At first, this part introduces and sorts out the practice of Sichuan, Chongqing and other places.And then, on the basis of these practices,the main problems of each place were reviewed. This part is reconsideration of the current practice of rural land contracting and managing right.Part four proposes some legal measures on perfecting our rural land contracting and managing, which is based on the current situations.In this part, the legal measures are mainly about the legal relations,the establishing, transfer and elimination, and registration of rural land contracting and managing right. As it is the highlights and innovation of this article,some new proposals are provided in this part just in order to perfect the inappropriate legal system which is about the rural land contracting and managing right.