On The Perfection Of The Transfer Of Land Contractual Management Right

Land as a basic means of production in rural areas plays a vital role in economic growth and social development. But it seems that land is not as important as we imagined in farmers’view, since during the recent years discontinuing farming and letting go out of cultivation is a commonly occurring phenomenon. The first chapter of the paper analyses the right system in civil law and the theory of the power of ownership, and it is the author’s opinion that the low value which caused by the lack of parts of the power of ownership is the major reason that leads to the said phenomenon. Hence, it is necessary to regulate the power of ownership better, improve the efficiency of the circulation of contractual right of land, and therefore increase the value of land.The Second chapter of the paper digs into the problems which emerge during circulation of contractual right of land on the basis of the author’s practical investigation and research, as well as other related scholars’data. These problems include, for example, the small amount of circulation, the lack of means to conduce circulation, the incomplete procedure and service system, the insufficient willingness and so on.The third chapter of the paper focuses on the solving of the above problems. On the base of the related local practices, the author comes up with the proposal that the contractual right of land should be well-regulated through the aspects of prepositive procedure, circulation means, circulation services and so on, and in this way the farmers’rights of possession, use, profit and distribution could be effectively protect. Specifically speaking, these rights includes contracting right, right of management, mortgage, rent, as well as the right of using the land as partnership capital. Whereas, since the city and countryside integration on the issue of social security has not been completely realized, contractual right of land acts as the safeguard of survival. Therefore, the security function should be taken into account when we discuss the improvement of the contractual right of land.The innovation of this paper is to analyze the right to land contractual management right to dispose of the missing of three rural problems inherent logic and improve the land contract and management rights transfer land contract and management rights secured and capitalized relatively more innovativeideas.