Study Of The Land Contract And Management Rights Regime

The countryside land law system has become the pattern that the farmer enjoys Land Contract and Operation Rights on the base of persisting in the land collective ownership through many years' reform . Land Contract and Operation Rights system is the core of the countryside land system.It enormously promoted the rural economy development when born. But the system also creates the opportunity to harm the benefit of the farmer with itself characteristic such as divides equal in the natural, the welfare oriented, the property rights fuzziness.So the land right is unstable, the power is incomplete. It also has stimulated farmer's short-term behavior, creating the land resource waste, has limited land resource normal transfering with the highly effective use;The farmer show the contradictory point of view to the land: On the land benefit is miniscule. outside the land benefit does not have the safeguard.Therefore the farmer wants to stop farming but cannot. How to safeguard thefarmer's right has become the question to study, Land Contract and Operation Rights reform is extremely urgent.For that, I research some important legal questions on Land Contract and Operation Rights.such as the transfer of Land Contract and Operation Rights, and gave the perfect comment. The article will be divided into five parts: Part I. The outline of Land Contract and Operation Rights. The part mainly introduce the legal framework and the legal characteristic of Land Contract and Operation Rights and has made the always appraisal to the management;Part II.Leagl thought to Land Contract and Operation Rights .In the part , I first has made the analysis to the nature of Land Contract and Operation Rights, thought the right o is the new Real Right, At the same time I has analyzed Land Contract and Operation Rights present existence question and the reason;Part III. The premise of the consummation of Land Contract and Operation Rights. I has made the analysis to the current land collective ownership present situation and the consummation;Part IV.Consummatting Real Right's attribution of Land Contract and Operation Rights.I mainly proposed the consummation plan from six aspects;Part V. Perfecting the trasfer mechanism of Land Contract and Operation Rights.In the part, I elaborated the current main form and the existence question of LandContract and Operation Rights, and proposed the suggestion, at the same time I analysized the special question-the system of the land taken over for use, and put forward the perfect proposal.