Study Of Agricultural Land Use Rights Transactions Legal System

Land is basic production data that material what mankind rely for existence is most basic term, is an agriculture to develop with the one of the production factors. The land is the scarce property of human society, the inelasticity of its nature supplies determines the transaction of land rights is crucial to the economic development and the existence of human society. The rights to use farmland that is transferred from the management right of contracted land is a kind of the land use rights. The farmland usage power bargain system is an operation to point its enter circulate the realm, passing certainly method in the different corpus a system for flowing with turning letting, and realizing land performance operating. Its operation method includes: to turn outsource, turn rent, mortgage etc. various ways primarily. The farmland usage power trades institutional purpose is for making farmland bargain efficiently contain a movement, installing the farmland resources reasonably, slicing the legal rights of the solid maintenance farmer, avoiding the farmland run off, realizing agricultural keeping on the development.Establishing the farmland usage power trades system, being decided by many realistic problems. Because our country big and parts of villages region land market is placed in the growth early, the agriculture trades with a ground of markets the mechanism not yet establishes sound, with the land contracts for operating the power for the farmland usage power of the manifestation trades. The problems can not neglect, trading such as the compulsive farmland, injuring the phenomenon of the farmer benefits; trade to break the law the phenomenon outstanding, the farmland running off seriously, trading the procedure disorders. These problems can not adopt the valid measure to take into the solution, not only disadvantageous in village land resources of excellent turn to install to use a ground of bargains market normal to grow, establish with the agriculture, and also will affect the stability that our country village family contract for duty system, obstructing the adjustment. Agriculture industry of the village industrial structure turn of promote is economic to develop completely with the city country. Therefore, establishing the farmland usage power bargain system is the power at necessarily line.The Establishing the farmland usage power trades system has the extensive theories. The first, the power performance theories think, producing power is substance that a relation is person with sparse lack the resources, produce the power is from sparse the usage a behavior for mutually approving relation that lack the resources. The farmland produces the power is an inevitable outcome that farmland ownership develop, turn into. The farmland resources produces the power reasonable installs the problem is to producesthe power system problem. Producing differently power define will cause the party concerned choosing the different behavior method, but the different resources in formation installs the efficiency. The second, two power separation theories think, the real right is the most basic law system that civil law reflect inside with legal right the property relate to, is never together the aspect relates to the property of refract. The farmland ownership uses with farmland the separation relation of the power be decided by special state of the nation in our state. For the collective land of the village, the farmland trades too a bargain is farmland using power. The third, the system changes the theories thinks, the system is a rule that mankind company with mutually, changing is a system foundation, at any time a way for changing but drive breaking. The system changes the apprehensible being a kind of another for the higher system in a kind of results institutional in lie of process. In regard to a nation, the fitting system is beneficial to lower the complicated coordination in the system cost, is beneficial to the restrict combine the possibility dissolves a people clashes, still is beneficial to the protection the personal free realm, promote the development of the productivity. The fourth, keeping on development theories think, keeping on development is development that demands to point to satisfy the contemporary person, the contented its demand in person in again wrong posterity constitutes the threat. The economic society in human is in development on keeping in agriculture. The village land resource is an organism that agriculture can keep on the development to constitute the part. Only the farmland use the reasonable bargain in power, then can make farmland resources proceeded to install effectively in agriculture section, but increase agriculture rate of production, obtain the agricultural keeping on the development.Use the power the bargain to the abroad farmland the law system proceed investigate, analysis with compare, its purpose is" the stone of its mountain, offend the jade". Other nation or region, such as England, Japan, the United States, general execution capitalist system, land the privately owned is a widespread phenomenon, the land trade system too more prosperous. But the land system proceeds to spreads or transplant at different nation, not only suffer the influence of the decided benefits structure and form and make roughly, but also is invited by concept of value and consciousness appearance etc. factor systems conflicted mutually. Therefore, our country farmland usage the power trades the system impossible to be direct adoption international top of some concrete mode, should pass as to it's other house or region farmlands produces the power system to produce with farmland some aspects that power trade proceed science analyzes, for our country farmland usage power trade grow, establish to provide the direction institutionally to drawlessons from sexually.Setting up the farmland use power trade the system should persist performance the initiative, looks after both sides fair, strict protection farmland, slice the solid maintenance farmer rights, promote the standard that village productivity development. For this, farmland usage power bargain system sets up as follow: the first, the principle that farmland usage power bargain should follow Free principle, fair deal in contract principle, the principle of compensation and register the principle with the efficiency principle. The second, farmland usage power trade worth in institutional lawmaking should tilt to one side to efficiency from the equity, establishing the farmland of the real right type the usage power trade mode. The third, Setting up the farmland usage power system is an important content to grow our country the village land market. The farmland using power bargain system to use the farmland the power trades the behavior transaction the norm with manage, using the creation that power trade to the farmland, development and a series of process that terminate practice necessary leading with inspect, is an important system to solid guarantees farmer rights, promote farmland trade market health develop, guarantee agriculture economy keep on developing measure. Include: farmland usage power bargain the influence evaluates system, agriculture settles with the ground class quotes system, fair deal system, strict farmland usage power trading procedure system, farmland usage the power trades to inspect the system to use with agriculture ground trade give relief system. From procedure to the entity, takes place to give relief from the dispute, proceed the thorough analysis with expatiate, wish to use the actual operation that poweT trade the offering the worthy drawing lessons from to the farmland.The farmland usage power trades to put institutionally into practice, is to set up the farmland use power trade institutional and end stop for a rest to order. That puts institutionally into practice, not only wants to be positive to create term, but also still having kit system developments, with end realize the village land resource excellent to turn to install, promoting the reasonable adjustment in industrial structure in agriculture, making farmland traded to have a movement efficiently, slicing the solid maintenance farmland produces the person's legal rights avoiding the farmland run off, realizing agricultural keeping on the development.