The Study Of Law Problems Of Transfer Of Contractual Operation Right Of Rural Land

As one important ways of circulating contractual right of rural land, the transfer of the contractual operation right of rural land not only bears the commonness of circulating contractual right of rural land, but also possesses its own distinctive features. The transfer of the contractual operation right of rural land makes the rights and obligations of both sides rise long and fundamental changes. So, this transfer process requires much stricter legal procedures to regulate: the transfer needs Employer's agreement and not just for the record can be; the transfer period is the remaining term of the original contract period, not like a lease, subcontract, such as swaps and contract farmers to agree; the parties of the transfer has strictly limited and so on.Transfer of rural land contracting right way into the household contract made by the rural land contract and management rights in accordance with the transfer of bidding, auction and public consultation, the right to land contractual management contract for sale. Transfer process between the two programs have different requirements. Transfer of rural land contracting right is to establish the only way for rural land property market, property rights to land contractual management of the requirements, but also the requirements of increasing rural productivity. Rural land contract and management rights for the reasonable transfer of the rural economy, social and economic development has brought many positive effects.But with the change of rural economic development, the transfer in the real life exists many problems such as non-standard transfer contract, increasing transfer dispute etc. which gradually show the legal defects like too much restriction to the transfer's premise and both parties'identities, unclear definition to the rights of obligations of both parties, unreasonable stipulation to voluntary registration etc. Hence, it is particularly important to improve transfer system of the contractual operation right of rural land.Rural Abandoned to its unique nature of land use idle; wasteful of land resources; contracting the exercise of the right to temporarily; land use rights such characteristics can not recover in time, and abandoned rural land use right transfer and the need for Feasibility of making use of the right to accelerate rural Abandoned reasonable transfer is particularly urgent.