Study Of China's Land Contract And Management Rights Legal Issues

The right to land contractual management refers to the right to land contractual management of all collective farmers or collective use buy farmers of all the arable land, woodland, grassland and other land used for agriculture enjoyed the possession, use and income right. Rural land in China is an important resource for farmers to raise themselves, taking the crucial mission of assuring the stability and security of rural areas in China in the context of a dual urban-rural social structure. With the acceleration of urbanization and prosperity in non-agricultural economy, there are more and more farmers who are eager to change their lands in hand into personal property that are expected to bring profit to the holders which can not be met under the current scheme regulating the right to land contractual management. It is in this situation that substantial alteration is in urgent need.This essay analyzes the legal nature of the right to contractual management, pointing out that this right combines both attributes of claims and property and performs multiple functions of survival and development. In response to these characteristics and in consideration of the emerging problems in practice, such as defining the owner of the land in issue, the succession of the right, and whether or not it is appropriate to set limitations on the transfer of the right, comprehensive measures are recommended, involving a variety of legal means provided by both Claim Act and Property Law. This is also expected to be a package of deals which are specific, flexible and targeted according to the conditions.