The Right To Land Contractual Management Of The Constitutional

The right to contracted management of land is a fundamental right of our citizens, and its essence is a property right. The paper is analyzed the right to contracted management of land under the constitutional perspective, which is the basic right to every citizen from the point views of protecting civil rights; the farmer is based on the identity of rural collective members, who obtained to the right to contracted management of land from the reality is unreasonable. The farmer as the profession of social; and this profession has led to the great development of social productivity and the industrial division too. The paper is based on the constitution as fundamental law, to explained the constitutional government value of the right to contracted management of land; and to analyzed the restricting factions of the right to contracted management of land under the current system; to put forward suggestions for solving the problems.This article is divided into introduction.main body and conclusion three parts,main body includet the following five parts:The first part is the fundamental theory of the right to contracted management of land. Firstly, to defined the right to contracted management of land, and to analyzed the characteristics and natures of the right to contracted management of land; secondly, to interpreted the changing of history from two aspects of transformation of the farmland relation and the development of the right to contracted management of land; finally, to state the regulations of the right to contracted management of land in the relevant laws in our country.The second part is analyzed the constitutional government value of the right to contracted management of land. In this part, to analyzed the right to contracted management of land for the value of the construction constitutional government from democracy, human rights, rule of law, fairness and efficiency four point of views, This paper are selecting a few points to explained, such as, embody in the democratic values of the processing of land expropriation and requisition; contains the spirit of the protection of human rights for protecting the right to contracted management of land; and its the meaning of the rule of law in the processing of balancing the public power.The third part is based on the farmland usage rights system of the foreign countries and Taiwai area. In this part, those selected areas were contrasted with domestic system of the right to contracted management of land, in which the historical background and the similar regions with the institutional changing. Its compare the domestic with abroad; and the developed country with the developing country, even the positive system with negative system, all make every effort to keep comprehensive and effective.The fourth part is analyzed the existing problems of excluding the right to contracted management of land.This part is analyzed the restricting factors of the right to contracted management of land in our country currently,all the processing from the fundamental laws to department laws;even from the legislation, enforce the law,to administration of justice,and combined with the relevant land policy,made the infringement reasons of the right to contracted management comprehensive analysis.The fifth part is trying to complete the constitutional government thinking of the right to contracted management of land. This section is based on the former analysis, puts forward the systematic and targeted measures for improving the right to contracted management of land; combined with advanced management experience of the domestic and abroad, and trying to reconstruct the legal protection system of the right to contracted management of land.This paper adopt to literature research,to investigated the relevant literature documents, and to analyzed the history and current situation of the right to contracted management of land; through the empirical research to reasoning, and to clarified the essence of the right to contracted management of land.