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The Relevant Provisions Of The Rural Land Contract Management Right Legal Issues - Discussion On Rural Land Contracting Law

Posted on:2004-07-02Degree:MasterType:Thesis
Country:ChinaCandidate:J H ZhaoFull Text:PDF
GTID:2206360095950249Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Rural problem is the center problem for China's construction and development all the time, and land problem is the key point of rural problem. The development of rural economy is the basis of the development of national economy; meanwhile it's the only way to realize the social target of all people richness when most rural population becomes rich. To develop rural economy and enhance peasant's life quality, a key problem is to well deal with the relationship between peasant and land. The enactment and effecting of Rural Land Contracting Law of P.R China confirm the fundamental status of rural land contracting legal system, endue peasants with the independent right of contracting for management, and stabilize the present land relationship, and it's favorable for promoting the modernization and marketing of agriculture, therefore settle the base for the development of rural economy.Rural Land Contracting Law of P.R. China endue peasants with the independent right of contracting for management, according to the analysis of theory and legal provisions, this article argues that the right of rural land contracting for management is a kind of property rights, specifically to say, a kind of beneficial property rights with the characteristics of membership right. Rural Land Contracting Law of P.R. China set two kinds of statutory person who can sign up the contract of rural land contracting for management: one is peasant, the other one is the member of collective economic organization. According to some scholar's opinion, the main body of the right to contract for management of rural land set by the law also include the above two kinds of persons. This article argues that regarding rural family "Hu" as the main body of the right to contract for management of land reflects the reality of our country's present agriculture status, which set the rural family as producing unit, and this is suitable for China's traditional ethics, which regards family important, so it's reasonable in some sense. As to whether this accords with legal principle, it is disputable. The main body of peasant contract for management and the main body of the right to contract for management of rural land are two different concepts. The main body of the right to contract for management of rural land is individual but not rural family, rural family is just a kind of contracting body by the means of agent relationship connecting a few individuals.Rural Land Contracting Law of P.R. China confirms the transitional characteristic of the right to contract for management, and permits the contracting party can transit the right to contract for management of rural land by the legal means of transferring contract, lease, exchange, conveying and other ways. This provision meets the contracting party's actual needs, and accords with the trend of modern property rights law, which changes from practicality to value, from immobile safety to mobile safety. It is in favor of making full use of the value of land, and settle the base for the agriculture's marketability and intensives. However, this law also sets obstacles for the valuable transferring, the limitation for mortgage transferring means, the setting for the right of approval for the contracting party. In some sense this cut the chain of transferring the right to contract for management, and goes against forming a fluent transferring order of the right to contract for management.Land legislation is related with one country's political and economic development degree and develops with them. According to review the beneficial property right of continental legal system and land system reforms since 1949, this article protests that the right to contract for management of land is developing from identity to contract, from fairness to efficiency.
Keywords/Search Tags:The Act of management of rural land, the right to contract for management of rural land, the special beneficial property right, transferring the right for management of rural land
PDF Full Text Request
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