Agricultural Land Use Rights Transfer To The Legal Issues

Rural land contrat system is implemented 30 years, China's rural economy has made remarkable achievements. However, with the deepening of reform and opening up and speed up the process of urbanization, China's current system of agricultural land are prominent contradictions. It has become one of the main obstacles in rural reform. As a prosperous rural market, the main system-Agricultural land use rights transfer system is even more lag as opposed to the development of urban land market, and even some system construction is still in the vacuum.AT present, the transfer of farmland use rights can be described as a lot of research, and they also have achieved some results. But there is a lot of differences in the academics of the system in theory and practice. In theory, the concept of "right to land contractual management", the transfer means of farmland use rights, the registration system of transfer of farmland use rights, the interests of farmers protection and other issues are still greatly divided. In practice, the transfer situation of farmland use rights is worrying, blind transfer, no standardized transfer, no order transfer is easy to occur, the interests of farmers have been repeatedly violated, the existing laws on the transfer of farmland use rights has not detailed provisions.This total consists five parts. The first part is introduction, particularly introduces the current status, significance, research methods and key issues to be resolved to erect an overall framework for this argument. The second part introduces the system of transfer of farmland use rights and the academic challenge and controversy for the focus to do the assessment, put forward my own point of view. In this section, the author will do in-depth analysis and argument on the ways of transfer of farmland use rights and emphasiz the legitimacy and necessity of security, inheritance, and give your reasons. The third part is the status of agricultural land use rights, the author will analysis the status of domestic agricultural land use right transfer,and say that there are still many urgent problems such as spontaneous, blind transfer; transfer large regional differences, the interests of farmers can not be effectively protected, imperfected agency. The fourth part is proposal that how to perfect the system of transfer of farmland use rights. The author give some perfect legal proposal by expanding circulation, improving intermediary agencies, improving the interests of farmers protection, protecting arable land resources.The fifth Part is conclusion. The author will repeat the significance of agricultural land use right transfer based on the conclusion. In this paper, I will give you a comparative analysis of agricultural land use rights on the theory and practice, and think "the right to land contractual management" should become to "agricultural land use rights"; The transfer mode should be properly relaxed, especially mortgages, inheritance, etc. The transfer registration of agricultural land use right should become, "Registration of Confrontation"; The mechanism of farmer interest protection should be further improved. When the conditions are ripe, we should devote to the transfer of farmland use rights legislation with a view to protect the various interests of agricultural land use Right in the circulation. I will do my best analyze, research in order to help the deeper research on this system benefit.