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Legal Research, Land Contract Management Rights Transfer

Posted on:2011-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:H Y ChenFull Text:PDF
GTID:2206360308980648Subject:Civil and Commercial Law
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In recent years, with the advancement of urbanization and rural secondary and tertiary industries, a lot of the rural labor force transfer, the transfer of rural land have been expanding.Under this background, the right to transfer land contractual management is of great practical significance, so this writer is studing the Law of the land contracting right and related issues in order to better regulate the practice and promotion of the right to land contractual managementThis article is divided into four parts:The first part is to define the relevant concepts.Because in theory and practice of community land contract for the transfer of management rights and related concepts there is no unified standard, in theory and practice in this sector there are many different interpretations.But the precise definition of the concept was its of the premise, so the first part is reasonable definition of the relevant concepts.The second part is the land contracting right and the evolution, status and significance. We learn the the historical development of this system and we can understand it better. We research the current thansfer of land contractual management right and we can understand in to what extent.Introduce the importance of the transfer, so we need the research of its next.So in this part of the first transfer of the right to land contractual management of sorting out the evolution of simple, then the current land contractual management right in the state for a brief introduction, the final description of land contracting right importance.The third part is the land contracting right way for a detailed legal analysis.Contracted land management right in the way of many, each has its own way flow characteristics, in order to practice a way to transfer to a lawful and reasonable manner, requires the transfer of a detailed legal analysis methods.In this section, the first of the two types of contracted land management are applicable to the transfer methods, namely, transfer, lease, shares ways to study, analyze the concept in various ways,the characteristics of real problems, and finally put forward a sound proposal. In this section, the inheritance is also seen as a special transfer mode, its a brief introduction. Second, apply only to certain types of contractual operation right of land transfer, including the mortgage, subcontract, exchange.Way for the mortgage, the current law clearly stipulates only obtained through the household contract management of forest land contract rights and other acquisitions of land contract rights can be secured without the permission of other household contract obtained the right to mortgage land contractual management, the paper analyzes After the proposal should be allowed to demonstrate their mortgage. Subcontracting approach applies only to domestic contractors obtained the right to land contractual management, in its legal content, legal essence of analysis, put forward proposals for better sound. Exchange in this way only applies to domestic contractors obtained the right to land contractual management, its concepts, legal characteristics were analyzed.The fourth part is about the problems of transfer of the right of land contract management and accordingly the perfect recommendations, including:the principles must be strictly followed in transfering of the right of land contract management the;comparative advantage to increase agricultural production, improve the land transfer market mechanisms to promote transfer of the right to land contractual management; clear legal status of the village collective organizations, to play a active role in the circulation of rural land contract right.
Keywords/Search Tags:the right to land contractual management, the circulation of the right to land contractual management, transfer mode
PDF Full Text Request
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