The Studies On Rural Land Transfer Patterns During The Urbanization Process

With the integration of China's urban and rural areas, rural land transfer has become an important issue. Based on the national legislation and practice, this paper explores into the transfer patterns of China's rural land, and is composed of three parts:Part one is chapter one, which focuses on discussing statutory rural land transfer pattern defined by current Chinese laws and points out some of the deficiencies. In this part, the author states the idea that reserving necessary flexible land should be allowed in China's collectively-owned land, in order to address the land-use rights of the additional population, but the proportion of this flexible land should be strictly regulated by legislation. In addition, this part also analyzes the sub-contract and leasing of land. It is understood that the essential difference between subcontracting and leasing lies in the different acceptors. Acceptor of subcontracting is limited to the members within the same body, while that of leasing, though not clearly specified by the law to be an external member of the collective body, is considered to be a member outside the collective body according to the law articles. With regard to the succession of land use rights, the land contracting and management right endows people two rights—the contracting right and the management right. The contracting right is obtained at natural birth. The premise for farmers having the right of land contracting and management is his identity of membership, which is endowed on his birth. However, the management right belongs to the family. At the death of the natural person, the contract right cannot be inherited, but the family could take the management right and continue to operate the land within the time limit of the land contract.The second part is Chapter II. In this chapter, the author conducts analysis on the current innovative transfer patterns of land in different parts of China and brings forward some problems that should be noticed.The third part is Chapter III and Chapter IV, which presents the problems that attention should be paid to during the land transfer process, namely, to ensure the safety of food production, to protect the nature of collective ownership of rural land, and not to change the usage of land, and to put forward personal views on legislation, in the land transfer process. That is to say, it should be clearly stated in the legislation the two rights of contracting and management of rural land contract and management right, and that contracting right is a membership right, while the management right is a property right, belonging to the family and can be freely transferred. In this way, the legal legislation shall provide legal support and guarantee for rural land transfer, and protect the safety of rural land transfers.