Study Of Rural Land Transfer Legal Issues

Land circulation is a kind of act in law which the obligees of the real right of the land do not use the land directly by their own, they transfer their real right to others by legal form or transfer the right to use and collect benefits of the real right of the land t others based on the contract. The obligees transfer their lands to others by this two methods, and therefore there is a legal relation between the the transferor and transferee. The land circulation is an important aspect of the national land system, it closely related with the national economic system. The restrictions on the land circulation loosened gradually under the market economy system, but because the primitivism of our security system of rural country, the law must make it resonable choice between the development of the ecnomics and the living guarantee of the farmers. Therefore legal system should make the principle of the land circulation clear. According to the basic principles of the land system and land circulation in China, the legal principles of the land circulation should be defined as three principles, namely, the nature of farmland property, collective land ownership unchanged and equality, voluntary, making compensation for equal value. Secondly, through clear the land property rights and benefits assignment mechanism to safeguard farmers'living conditions, and to make the best use of the land, to share the benefit of the land. The circulation of the power of rural land management contract is the most important land circulation, in reality, we can take various ways to transfer it by DaiGeng, exchange, the transfer, lease or mortgage shareholder and so on. DaiGeng, subcontract, exchanging, lease the land circulation is a kind of creditor's right and the property right of the obligees not lost, on the otherhand, transfer, mortgage, contribution of real property is the land circulation with the nature of the real right, the right holder may have lost the real right.