China's Rural Land Contracting Right Way To Legal Issues

The system of the transit on the right of the management of the countryside land is one of the core of the system abaut management of the land. It is reputed to the second agrarian revolution. The present law stipulates that the right of management of the countryside land may adopt the way of subcontracting, hiring,exchanging,transfering, and so on. However,there are different views about how to choose the way of transit about the countryside land in the academic circles,the stipulation of each place and the pratice of the countryside. How to consummate the way of transit? How to broaden the way of transit? How to carry on the constraction of the system? Therefore,further study of these question will has the vital significance for promoting the transit of the land, enhancing the using land efficiently,and solving the " three agriculture problems". The paper is composed by two parts:First part: the basic theory of the transit on the right of management of the countryside land and the related theory. In this part, the author used the theory of "dual structure of real right" of professor Meng Qingguo to analyse the connotation,the nature,the legal relationship of the right of management of the countryside land,and also analyse the principle, the registration,the price of the transit of the right of the management of the countryside land.Second part: the choice of the way of the transit on the right of the management of the countryside land . In this part,the arthor made a feasibility analysis of the transfer,mortage buys stocks of the right of management of the countryside land. And designed the movement mechanism,working instruction,and so on. What ' s more, the anthor suggested that we must broaden the way of transit abaut the right of the management of the countryside land,and look on the trust as the way of transit. At last, the arthor has made elaborated feasibility, character, movement mechanism, working instruction about the trust.