The Research On The Turning Of Rural Land Contracting Right Of Management

Land is not only the most basic agricultural production factors,but also the most basic living guarantee of the peasants. Under public land ownership basic station,how to expand rural markets and relax the transfer of the contractual right of the land is referring to the benefit of the peasants and the rural stabilization. Speaking concretely,to transfer of the contractual right of the land quickly can improve the land use efficiency and agricultural yield benefit. We also should avoid the village and government to contend for profit with peasants and the enclosure movement. In economy booming area,there is the condition to transferring of the contractual right of the land with the inside and outside environment. The peasants in economy booming area are also likely to conduct many kinds of land circulation. Wherever conditions permit,the spontaneity transfer of the contractual right of the land can be carried out according to law and on a voluntary and compensatory basis so as to develop scale operation step by step. The village force transfer of the contractual and management right of land should realize the land own to peasants actually and the essential democracy.Firstly this paper study on the domestic and foreign change of the land institution including Taiwan area firstly, from it we can get some experience, as well as, sum up domestic theories dispute on the transfer of land contractual and management right. On this basic,author analyze the theories,principle,character and manners on the transfer of land contractual and management right as well as discuss the signification which can improve peasants benefits,promote town construction and boost rural economics development.Secondly When discussing the present problem of the transfer of land contractual and management right,author on one hand analyze the register procedure is absent and the transfer procedure is not criterion; on the other hand,analyze the restraint of the land property right and the legal regulations such as the closed scope of the transfer of land, lack of the manners of the transfer of the land.Thirdly this paper mainly analyzed the two examples of Chongqing municipality and Zhejiang province when talking about the turning of equity financings. Two kinds of organization forms, company and farmers specialized cooperation,were compared after stock purchasing. When talking about mortgage, this paper mainly take examples from abroad experience. And the transfer of the land contractual and management right of land in Wujin,Changzhou municipality and in Xiaojian village,Xiangshui County,Yangcheng municipality were investigated with sampling method. On the whole,the rate of dependence to the land by farmers in Sunan and Subei has greatly decreased than before and peasantry lived mainly on non-agricultural income when the phenomenon of the transfer of land happens on the condition that farmers accepted this phenomenon. This paper also indicated a few countermeasures and suggestions about accelerating the transfer of the land contractual and management right of land. The village collectivity has done well in issuing certificate, register and so on in the process of land transfer. But it also exists some questions such as that farmers know little about the land contract and management rights,compensatory payment could not be given in time after land acquisition and endowment insurance of farmers was not perfect.Fourthly, the turning about contract for the land's managerial right was discussed in the paper. On the one hand, the property right of farmland should be limited by our government. Our government ought to ameliorate the property right of farmland and respect the farmers'collective property in land in order to maintain the benefit of farmers in the process of the turning of land's managerial right. On the other hand, problems of the possession and use of farmland was investigated. Farmers should be the obtained the practical benefit in the turning right of land and have the possession right of land continually. Finally, the turning of investment manner was studied. The two kinds of organize forms during the investment, the cooperation between company and peasantry, were compared by analyzing the examples of Chongqing municipality and Zhejiang province. The turning of mortgage means was discussed by drawing lessons from foreign country and using the experience of method of forest ownership mortgage.In the end the purpose of this paper is to achieve the optimal value of land moving and reach the maximization of farmers'benefit under the premise of ensuring the essential behalf of farmers.