China's Rural Land Contracting Right Of Legal Issues

"Law of the people's republic of China on the contracting of rural land" and "law of the people's republic of China on property right" have been put into practice. It realized the intension of protecting the interests of the farmers by laws, and also built a base for the Circulation of the Right to the contracted Management of Rural Land.The Right to the contracted Management of Rural Land obtained by farmers has the nature of Propriety rights, which is a beneficial use of property. The circulation of this right has been expressly provided to the contractor by Chinese law. Circulation of the Right to the Contracted Management of Farm Land in China is an effective way to solve China's rural land use and minor pile shortage and plays an important role in economic development to optimize the allocation of land resources and improve land-use efficiency, promote agricultural restructuring,and the promotion of farmers and rural income. As a result, systematic analysis of the various constraints concerning the Circulation of the Right to the Contracted Management of Rural Land and institutional innovation is of practical significance to promote the circulation of land use rights and build a new socialist countryside.However,owing to some natural factors,it has shown the defect of the legal system. It has been the the focus of attention that how to coordinate the relationship among different parties on the premise of safeguarding the national and social interest. Opinions about this question are widely divided.This text mainly talked about the legal and practical circulation modes of the right to the contracted management of rural land, and analyzed the development of the circulation from the perspective of legislation and practice. Then the legal obstacles that interfered with the circulation had been explorered. It put forward the concrete legal and practical measures that could perfect the circulation of the Right to the contracted Management of Rural Land.