Rural Land Contracting Right Of Legal Issues

"Village, Agriculture and Farmer" issues are the important difficult problems which influence the development of the Chinese economic and society , and are put into very important part from all walks of life, indeed, the sustainable development of the agriculture, the stability of countryside society and the increase in Production yield and in farmers' income are essential for the long and Peaceful reign of our country as well as the sustainable development of our national economy. To solve "Village , Agriculture and Farmer" issues, the land property right system becomes the important issue.Presently, the countryside land was still shouldering the property function, the producer goods function and the social security function, so really the privatization and nationalization of land are all invalid. The author believes that, keeping the countryside land collective ownership invariable , taking the stable countryside land contractual management system as the foundation, guiding the circulation of the right to land contractual management reasonably and orderly. urging the resources reasonable flowing and the optimized disposition, thus the impetus agriculture industrial production management, finally realizing the agricultural formalization, the intensification and the benefit maximization, is an effective method to solve the problem in the household undertaking foundation disperser and the agricultural industrial production and the large-scale management contradictory, also is the recipe of "Village, Agriculture and Farmer" issues. The whole article is structured focusing on three parts. The first part is the elementary theory of the circulation of the right to land contractual management; The second part analyze the shortcoming of the circulation of the right to land contractual management. The third part is the conception of the circulation of the right to land contractual management.Chapter1, mainly is focusing on the analysis of the elementary theory of the circulation of the right to land contractual management; Firstly, the connotation of the circulation of the right to land contractual management, the auther think of the circulation of the right to land contractual management as a result from the separation of land ownership and the right of use, as one kind of special profit real right, it is different with others, point out that the right to land contractual management take the peasant household primarily as body, the object as the countryside land, the specific goal was for the agricultural use, and has certain deadline and the deadline long-term extension and this right may be transfered. Next analyzes the basic principle of the connotation and circulation of the right to land contractual management, the necessity, the feasibility and the significance.Once more, the basic transfer patterns of the circulation of the right to land contractual management.The research is aid to realize the circulation of the right to land contractual management. In this part , auther analyzes mutual difference of each pattern, and proposes own view to the theory hot spot.Chapter 2 is focusing on the analysis of the system flaw of the circulation of the right to land contractual management. Firstly, the present situation of the circulation of the right to land contractual management, with the conservative nature, the low rate ,with closeness, the quite narrow scope, the circulation behavior is not standardlized, the right infringement phenomenon sometimes occurred. This is the system design realistic foundation; Then further analyzes factors that restricts the circulation of the right to land contractual management, excessively such as the low agricultural production comparison benefit, the not perfect countryside social security system, the market of the circulation of the right to land contractual management basically not to be established, at present the farmland contract way restricted the scale of the circulation of the right to land contractual management directly. Finally point out that the circulation of the right to land contractual management has its flaws.The chapter 3, based upon the above ideas, proposes to consummate the system of the circulation of the right to land contractual management: The correct principle of the circulation of the right to land contractual management; The consummation of related laws and regulations, carrying on the thorough real right protection to the farmers' land rights and interests, enhancing the feasibility of the correlating law; The marketability operation and the government guide to unify; Uses nimbly diverse transfer the form; The perfect countryside social security systems, practically safeguard the farmer most basic living standard, thus for realizes the circulation of the right to land contractual management smoothly without the extra worries.