A Study On The Transfer Of The Right To The Contractual Management Of Rural Land

Abstract:The system of the right to the contractual management of rural Land in china is a system of land use right with Chinese characteristics. The double-tier management system that combines unified and separate operations on the basis of the household-based output-related contracted responsibility system, lets hundreds of millions of farmers obtain independence in production and management. Farmer households become property and market players so that they have enhanced their enthusiasm for production. However, with the development of productive forces, particularly in the advancement of urbanization and industrialization process, there is a new problem about how to solve the conflicts between economic development and land resource use, how to further enhance the level of productivity in rural areas and how to improve land use efficiency. The active promotion of transfer of the right to the contractual management of rural land is an inevitable choice for cracking this problem. However, the current relevant legal system about the transfer of the right to the contractual management of land which lags behind, seriously hinder the transfer of the right to the contractual management of rural land which can be carried out according to law and on a standardized and orderly basis.Part one introduces the concept of the transfer of the right to the contractual management of rural land; It analyzes the property process of the right of the contractual management of land from the evolution of rights and obligations of the party awarding contract and the contractor; It defines the object of the transfer of the right to the contractual management of land. Part two summarizes the current law and practice of the transfer of the right to the contractual management of land. Part three focuses on the shortage of the current transfer of the right to the contractual management of land and problems such as lack of protection of legitimate rights and interests of the transfer subject and disputes increase after the transfer of the right to the contractual management of land. Part four points out the reason why the legislative flaws of the current transfer of the right to the contractual management of land exist is that legislative ideas lag behind and legislative values swing. It also puts forward some thoughts on the improvement of the system of the transfer of the right to the contractual management of land. Legislative idea should be changed and the real interests should be given to the subject of transfer of the right to the contractual management of land in order to achieve the purpose of maximizing utilization of resources and achieve the greatest social justice and equity.