Breakthrough The Identity Constraints On Circulation Of The Right To Operate The Rural Land Contract

In recent years, the 1 st documents of the central government are all on the "san nong" Issues. Evidently, "San Nong" issue has become the most commonconcerns in our government and society at the present stage. How to develop modern agriculture, how to improve the living standards of farmers, is the most crucial factor. On the current Chinese farmers,they possess the productive resources is the agricultural land, and law explicitly stipulates that farmers have the right to land contractual management. However, the "household contract responsibility for co-generation" forms of agricultural production, have been unable to adapt to the level of social productive forces at this moment, unable to satisfy the farmers production neither. As the principal rights of properties owned by the farmers, only through transfer the right of land contractual management,scale of operation in order to develop agricultural modernization. Thus in order to improve the efficiency of agricultural production. However, the various provisions of existing laws, restrict the right of transfer of land contracting and management.For this reason, This artice strats from the current rural land contracting and management status of transfer. Analysis of the problems in the transfer of the right of rural land contracting and management, pointed out the key obstacle that impede the transfer the right of land contracting and management is the legal system limits, Such a limitation lies in the identity restrictions.The innovation of this artice is that, by studying the law limit on the right to rural land contracting and management,come out this the essence of restriction limits is identity. Through the research on the agricultural developed countries, come to the history of institutional change, is a kind of sexual rights as conferred by the contractual right to change the course of history..Therefrom,this artice points out, On the current situation of China's social reality, Firstly, the farmers should be explicitly given the right to land contractual management,and in legal form to determine their long-term nature and stability. Secondly, porpose the upper concept "agricultural land-use rights". Its significance lies in:1.make the systerm of using property rights more perfect;2. With the land use right transfer contract to replace the land management rights transfer.The overall structure of this paper is divided into the following sections:The first part:The foreword. First, this section is to determine the scope of the study of this article; Then, combing the theories about this problem.The second part:The status quo of contracting and operation rights transfer. The emphasis is given some negative comments to these reasons.The third chapter constructs:The identity constraints on the contracted land management rights transfer. This section firstly to analys the existing laws specific provisions on the right of land contracting and management. arrive at the core of this restriction is that the identity constraints. And then make a detailed analysis on identity constraints of the transfer of the right of rural land contracting and management.Part IV:The. systerm study of the changes in Rural Land coutries:from status to contract.Part V:Breakthrough the Identity constraints on circulation of The right to operate the rural land contract...