Study Of Rural Collective Land Transfer Legal System

With the development of social economy, "three problems concerning agriculture" has become urgent problems that need be settled, among which the problems concerning rural land is an important part in it. This dissertation discusses the problems concerning rural land, such as how to protect the legal interest of the farmers so as to enhance its large-scaled management and its production efficiency; how to establish and perfect the transferring system of the rural land while the un-reproducing characteristics and environment protection are paid attention to, so we can actively and steadily promote transferring of the rural lands.This dissertation is divided into five parts. The first part discusses the innovative theoretical base of transferring of the rural collective land and analyzes the objective need of the innovation in transferring the rural collective land. Then it discusses the active function of the rural collective land transferring in controlling the abandonment farming lands, enhancing the scaled management of the rural lands and protecting the interests of the farmers.Based on the discussion of the first part, the second part of the dissertation discusses the policy aim and legal principles and draws a conclusion that the transferring of the rural collective land should stick to the six principles, such as preferable to the ownership, improving the use of land, combination of market function and government coordination, liberating the farmers from lands, fulfilling the local development need, and volunteering and favorable to each others.The third part analyzes the different mode of the rural collective land transferring and discusses some legal problems concerning it and holds the viewpoint that the land leasing should be regulated as a transferring mode. Then this dissertation discusses four problems such as the trustee problem, the ownership of various replenishments, such as provisions, seeds and farming machines, the contract problems in the transferring of rural collective lands.The fourth part studies how the membership the collective organization of the rural area functions in the land transferring practice and analyzes how the priority ofcollective members influences in the transferring of the contracting lands.The fifth part discusses problems and also provides proposals in the following five aspects, such as improving the transferring systems of the rural collective lands, strengthening the helping and service of the governments, sticking to the rule of volunteering, enhancing the efficiency of the rural lands, stabilizing the transferring relationship, stablishing and perfecting the serve in the land transferring, and establishing and improving the social security systems.