The Shortage And Perfection Of Land Contract System In China

This article tries to put forward some shortcomings of the contractual operation right system of rural land and some suggestions to improve it by introducing the evolution and development of the utilizing system of rural land in our country and analyzing its nature in law. Firstly, by introducing the history of family contractual operation system, the development, effect, and destiny of rural utilizing system of rural land in our country at different historical period and the reality of rural utilizing system of rural land after reform and open, we can conclude that the contractual operation right system of rural land is expanding at plural patterns in our country today. Secondly, this article describes the contractual operation right system of rural land in great detail, including the choice of its name, its definition and characteristics of law. By comparing all kinds of different opinions of the nature of law about the contractual operation right of rural land, we can definite it as a new-type usufructuary with instinct Chinese characterizes. At last, according to the law of contractual operation of land, the article analyzes some shortcomings of the contractual right system of rural land in our country and strengthen to protect the contractual right of rural land by the way of property right. The main viewpoint of this article is that the including of the contractual operation right of rural land must be perfected. Although the law of contractual operation of land has been carried out, it's essential to standardize and improve the contractual operation right in the law of property right. Some principles must be followed, for instance, definiting the contractual operation right of land as one of the usufructuary right; persisting in statutory principle of real right, principle of public summons, and so on; coordinating with current law especially the law of contractual operation of land in harmony; perfecting the means and substance of the circulation of contractual operation of land, permitting its free transfer, mortgage and inheritance, and loosing the restriction of circulation; establishing the public summons system of the contractual operation right and adapting the principle of becoming effective after registration, and so on. According to these systems designing and standardizing based on the law of property right, the contractual operation right of rural land will become the real property right which have instinct Chinese characterizes andZeitgeist.