Rural Land Contracting Flow Problem And Its Countermeasures

Land is the foundation for national development resources, its not only related to the sustained and healthy development of China's national economy, but also related to national strategic security (particularly for national food security). China has a large little contradiction between people and land is extremely prominent, according to statistics, in 2005 China's per capita possession of 1.41 acres of arable land, only 40 percent of the world average, the total area of cultivated land has been encroaching upon the 1.8 billion mu a "red line." CPC Central Committee and State Council attention. In order to resolve the contradiction between people and land, optimize the allocation of land resources, promote the transfer of farmers to non-agricultural sector and continued income, strengthening rural land contracting the orderly flow of great significance. However, the present situation, the land transfer small-scale flow behavior is not standardized, ill-defined property rights, farmers rights and interests of a range of issues such as lack of effective protection, a serious impediment to proper management of rural land, the market play a basic role in allocating resources and urban-rural the pace of integration. The above shows that:in-depth study of the current rural land transfer process of contracting problems, and to make reasonable suggestions for the study and improve the land property rights system to protect the legitimate rights and interests of the farmers of great theoretical and practical significance.This paper uses empirical analysis of legal approaches to economic law and land economics background and perspective, try to transfer from the land as defined in the status quo, necessity, should follow the principles, the main problems in starting, the status quo of China's land transfer to be discussed and tried to improve on the land property rights system, transformation of government functions, laws and regulations of the lack of relationship between the comprehensive proposal put forward.The article is divided into four parts, about 2 million words, its main contents are as follows:The first part of the concept of the right to land contractual management and the legal definition of features, definitions and methods of land transfer, land transfer of the necessity and principles. The main purpose of this section is the article discusses the object-the rural land contracting and management rights with the land transfer be specifically defined so as to lay the foundation for discussing the article.The second part, the problems of rural land transfer analysis. This section is meant to cover the current status and problems of land there, in the present situation, the problem in-depth analysis to propose a solution based on the recommendations. This section will focus on "ill-defined property rights, government failure, inadequate transfer mechanism and supervision mechanism is not perfect, the main flow of lack of clarity in several aspects. To propose a solution below to provide direction of thinking.Partâ…¢, to improve the rural land transfer mechanism. This section from the legislative, judicial, administrative launched three levels. Some of the major discussion of the legislative perfect "Land Contract Law", the relevant legislation should be made clear property rights, expanding "rural land contracting and management disputes, Mediation and Arbitration Law" scope of the arbitration, the proposed legislation related to specific "public interest" boundaries and the land acquisition process to learn from the democratic. The Chief made some of the major functions of government departments to effectively change the government functions, we must actively take the initiative to perform their duties, and actively cultivate the land transfer market, improve the rural social security mechanism, weakening the social security function of land. Justice made some of the major judicial and administrative departments and the county towns, and villages should give full play to the role of legal advocacy organizations in the laws and regulations in the administration of justice advocacy, dispute resolution, and the relevant land transfer contract signing and approval procedures to be pro-active implementation of their duties improve the judge, "agriculture-related land" disputes ability to adhere to correct principles of justice.