On The Local Legislative Text About The Transfer Of The Land Contract And Management Rights

Land contractual management rights transfer is a complex issue with broad, its involve legislation, theory and practice the three levels of consideration. The imperfections of any perspective, may lead to the view of issues inevitably flawed, but a different perspective on the energy, reflection, constitute a comprehensive understanding of the overall. Academic theory, research more practical level, and achieved great results. But, just from the perspective of legislation and return to the point of the legislative text itself, to examine the reality of the existing legislative system, "Text" problem, build a sound legislative system of the far-reaching significance.The right to land contractual management status of local legislation mainly in several ways:First, the level of the performance of low-level legislative efforts for the lack of local legislation enacted shorter; second choice in the mode of performance of a comprehensive legislation for the legislative model orientation, provided patterns more abstract or general requirement; Third, the content provided on:circulation of the contractor and the party giving the parties in the outstanding differences, the household contract obtained by contracting right way quite different, transfer procedures and more restrictive factors such as inheritance.Legislation for the demonstrated features, outstanding performance of local legislative problem is several categories:local legislation and the additional implementation of specific legislative responsibilities of weaker; circulation of the main clearance phenomenon obviously, the party contracting the provisions are too abstract; flow otherwise there is no clear way of mortgage, inheritance, restrictive regulations, and does not provide rental period; contract reflects the priority rules of local legislation is not enough; on the physical market, there is no corresponding provisions of the upper law clearly.Improving land contractual management rights transfer system, the proposed legislative level from the following aspects:First, from the perspective of building a top-down system flow legislative system, the upper and lower legislative harmonization; second, improve the circulation of the main system, clear of land ownership, opening up the main contract restrictions; third, clearly feasible flow patterns, cancellation of the mortgage, inheritance, choice of restrictive legislation; Fourth, build and improve the flow of the market mechanism, the establishment of standardized market transaction management mechanism; Fifth, build and improve the circulation of the supporting systems, primarily the registration publicity system, dispute settlement mechanism, the social security system.