Study On Circulation System Of The Right To Land Contractual Management In Rural Areas

The Circulation of the right to land contractual management can improve the efficency of land, achieve an appropriate scale mangement, promote agriculture development. However, under the current legal systym, the circulation of farmland use rights is confined to the members in the same collectivity, and an open market of agricultral land use rights cann't be formed. Therefore, it has realistic significance to make the exchange of cultvated land use rights freely more and more by chang the relevant legal system.This paper is composed of three parts ,including the theoretical premises, the review on the status and the reform of the transfer of farmland use rights.The first part begins by describing the attributes of the land, which is rerequisite for proper understanding of the land system. Land has two major attributes ,which are property and resources. Even though the land belongs to collective property, it also bears the state's interest. This status provides a theoretical basis for stateintervention in the exercise of collective land ownership. But we can not deny that collective land ownership is a private right. Following is a discussion about the value of the land. Corresponding to its property, land is of economic value and social value. The social value of the land determine its economic value and the economic value of land affects its social value. And then an argumentation of the nature of collective land ownership is expanded. In external relations, collective land ownership is private right; in internal relations, collective ownership is public ownership. Finally it argues that the collective ownership of the subject is a non-profit corporation aggregate.The second part analyses the way of the transfer of farmland use rights at the beginning:Leasing is not a way of the transfer of cultvated land use rights; Subcontracting is limited within the same collectivity;Transferring makes transferor loss of the farmland use right in perpetuity; Inheriting is not a legal way of the transfer of farmland use rights; Poolingofland just means leaseholding farm households within the same collectivity engaged in agricultural production in the form of a partnership and so on. Then, the conclusion come into being that the farmland use rights operate exclusively among the member of the same collectivity and the market of transfering the right freely has no way to take form in the present legal system. Therefore, the change has become an urgent task at present.The third part begins by pointing out that the transfer of farmland use rights exists two major obstacles: first, the cultvated land use rights shouders the responsibility of the survival security to the leaseholding farm household; Second, it will not completely get rid of the limit of identity and become the private property of the member of the collectivity. So , for transfering the farmland use rights freely,we must change the survival security pattern at first, let the collectivity deals with the other civil subject on the useing collective farmland and gets the price of the right to land contractual management providing the survival security for the collective member. its essence is to cancel the household contract management system.Only in this way, the open market of cultvated land use rights can be formed. Then it set forth the realistic possibility and positive significance of the innovation on the circulation of cultvated land use rights. Finally,it put forward some methods about how to reform the circulation systym of the right to land contractual management.