The Type And Nature Of The Land Contractual Management In China

Contractual operation right of rural land which describes thecontractor's right and obligation on rural land is a special right inChinese legal system~ For contractual operation right of rural land inChinese legal system is not systemic and comprehensive, jurists of Chinahave been controversial with the right for a long time. This situationis not advantageous to better protect the interests of the contractor andstabilize contractual relationship.Considering of what is actually happening in rural area and thecurrent law concerning contractual operation right of rural land, thisarticle compares the two types of contractual operation right of ruralland and analyses the nature of the two types. There are five parts inthe article. The first part discusses the type of contractual operationright of rural land. There are two types of contractual operation rightof rural land in China. They are family contractual operation right ofrural land and other contractual operation right of rural land. For mostjurists in China do not notice distinguishes of the two types there areactually and theoretic confusion with the right. So this article firstlyanalyses the differences between the two types of right and moreoverdiscusses the development, evolution and revelation of the two types ofright. The second part mainly discusses the dispute about the nature ofcontractual operation right of rural land and analyses the content,development, essence and limitation of the dispute. The third part mainlydiscusses how to identify family contractual operation right of rural landto be property rights. Most Chinese jurists agree with the viewpointthat family contractual operation right of land must be included asproperty rights but family contractual operation right of rural land has some characters which make it like creditor's rights. So this part mainlyanalyses measures to identify family contractual operation right of ruralland to be property rights.The forth part mainly discusses the nature of other contractualoperation right of rural land. In practice though there are many problemsabout other contractual operation right of rural land it is alwaysneglected. This part mainly discusses the necessity to identify othercontractual operation right of rural land to be property rights.The fifth part discusses how to perfect the contractual operationright of rural land in the new property law of People's Republic of Chinaso as to better protect the interests of the contractor and acceleratethe development of rural economy.The conclusion of the article is: First, there are two types ofcontractual operation right of rural land. They are family contractualoperation right of rural land and other contractual operation right ofrural land. The law of property rights should ordain the two types ofright concretely and individually; Second, family contractual operationright of rural land must be included as property rights and at the sametime we should perfect its characters so as to make it to be real propertyrights; Third, other contractual operation right of rural land also hasthe characters that property rights have. And it is necessary to identifyother contractual operation right of rural land to be property rights.