The Land Contract In China

The right of rural land contracted management , which including the right of possess , enjoyment , earnings and part of disposal ,is the whole rights of the peasants according to the land contract。The right to cultivate and operate the land through the household contract responsibility system is a Chinese feature system which is the product of rural reform. However, the lack of full sovereign results in more and more problems, which hinder agricultural development income increase of farmers. The author holds that the right to cultivate and operate the land through the household should be reformed, definite the possession of rural areas and set up the structure of administer through imitating the structure of administer of enterprise, which would open a new way for the reform of the system of rural areas and the right to cultivate and operate the land through the household contract responsibility system. There are many defects in the contracting management right of land in China owning to it s nature of right of obligation. The best method for overcoming these defects is to transform the contracting management right of land into property right.The transforming of the contracting management right of land into property right must base on the reality of the use of land in China. The law of property right identified contractual operation right as a kind of property right is a major subject that solved by current property right legislation. Contractual operation right of land must be included as property right so as to better protect the interests of the contractor , stabilize contractual relationship, and moreover to ensure the validity of contractual operation right of land against the third person. Besides it also helps effetely promote the circulation of contractual operation of land. The property rights have stability and exclusiveness , so that it can be used to protect the peasants rights and promote the development of rural economy。...