Rural Zhejiang Contracted To Transfer The Operating Mechanism Sound Legal Countermeasures

Circulation of contractual operation of land is the creative act after the land contract reform in 1978. It has made effective disposition of rural land resources and has facilitated the measured scale land use. However, kinds of problems exist at the same time, which includes chaotic land circulation forms, no formal statute in land circulation, no effective guarantee for farmers' right and so on. The major subject that badly needs to be solved currently is to bring the circulation into the obit of rule of law, to establish circulation models with property right legislation and to rebuild the transfer system of the real estate.Choosing the formation mechanism of circulation of contractual operation of land in Zhejiang province as the foothold, the status in quo of circulation of contractual operation of land in Zhejiang province has been firstly discussed. Then based on the deep study of these aspects, some problems and restrict factors have been put forward. According to the comparative study of the using right of circulation of rural land in developed countries and areas, succeed experiences are used for reference. At the end of this paper, we established the scientific circulation theory with the property right character, the credit right character, the stock right character and the other property; Setting up a series of law system and measures to accelerate the circulation become canonical, scientific and in good order. Forming and perfecting all sorts of circulating mechanism to provide the theoretical basis direct the circulation practice in Zhejiang province. This thesis consists of six parts in detail.Parti, the author describes some questions briefly such as the background, the intention, the train of thought, the methods of this research and so on. (Introduction)Part2, on the basis of summarizing the related theories, basic conceptions such as rural agrarian land, household contract circulation of contractual operation of land and etc. are compared and defined. In this part, the article puts forward an important opinion that needs to define the household contract circulation of rural land. (Chapter 2)Part3, the paper analyzes the forming mechanism of circulation of contractual operation of land in Zhejiang province from the intrinsic and extrinsic aspects, and studies the condition, trait and various patterns of circulation and some representative cases. Then based on above, some problems and factors, which restrict the development of the circulation mechanism, have been put forward. (Chapter 3)Part4, studying on some developed countries and areas of the using right circulation of rural land, the paper summarizes some good experience and the inspiration for perfecting the circulation mechanism in Zhejiang province as well as the whole country. (Chapter 4)Part 5, referred from the good experience in some developed countries and areas, the author analyzes the household contract circulation of rural land with the property right theory and establishes the scientific circulation theory which includes the property right character, thecredit right character, the stock right character and the other property. Also, the aims of improving the circulation mechanism are proposed. (Chapter 5)Part 6, the. specific countermeasures and the train of thought in law to redesign the circulation mechanism have been examined, hi this part, on the basis of drawing lessons and clarifying theories from above, the dissertation points out creating emphases of legislation system to establish the registration system and the mortgage system, and to enhance the affiance system and the contract system of the circulation of contractual operation of land. Finally, the author provides some concrete thoughts on various patterns of circulation mechanism. (Chapter 6)...