The Research On Laws Of Circulation Of Contractual Operation Right Of Rural Land In China

The key problem of the rural land property is land use right the key problem of which is the contractual operation right of rural land. During the past over twenty years, the system of contractual operation right of rural land has changed, and the contractual operation right of rural land has the content of occupy, use and yield, but the farmers are never empowered the right of land disposing. In other words, the free circulation of land contracting right has the strict constraints throughout the time. The conservation and lag of legal science theory and legislative practice, has restricted the practice development of the contractual operation right of rural land. In order to alleviate the contradiction between people and land and to solve the low efficiency of land utilization, the urgent matter is to establish the standard contractual operation right of rural land legal regime and promote reasonable order circulation of contractual operation right of rural land.The article firstly introduces the implication, legal characteristic as well as the development process of the contractual operation right of rural land in China. Secondly the article carries on the analysis to the present situation of contractual operation right of rural land circulation in China from the legal regime aspect, from which it obtains the flaw which in the current our country contractual operation right of rural land system exists and gets the reason. Finally by referring to existing legal regime as well as the future legal regime's development direction, the article studies under the new time condition how to further improve the object and way of the circulation of contractual operation right of rural land in China. The article also proposes the corresponding countermeasure to promote the rural land circulation, enhance agricultural proficiency, increase farmers' income and reduce the city and countryside disparity.