The Legal Analysis On The Circulation Pattern Of Our Country Agriculture Land

Since the reform and opening up, China's law on the transfer of agricultural land regulation has gone from a strictly restricted to the opening up of the development process. The so-called transfer of agricultural land, is the means the right to land contractual management to determine the property nature of the premise, the ownership without changing the ownership of agricultural land and agricultural land use, based on the land contract and management rights in the remaining land contract period, according to the law voluntarily made to transfer the right to land contractual management, subcontract, lease, exchange, shares or otherwise transferred to other individuals or organizations act. Specific transfer means transfer of agricultural land according to size, the degree of circulation and circulation of the main, the different flow of time, and can be summarized into two categories: farmers and collective unity of a free flow of circulation. On agricultural land because of the current transfer mode of the laws and regulations are incomplete, leading to a variety of flow patterns facing some legal obstacles, such as the nature of the right to land contractual management is not clear, there is the transfer of flow patterns strict legal restrictions. Circulation patterns of land shares a blank face legal, all of which hindered to some extent, China's agricultural land is reasonable and orderly flow.In order to improve the rural land utilization and optimal allocation of agricultural land resources, agricultural production scale, efficiency, Interest optimization purposes. Transfer of agricultural land build a reasonable model should first clarify its objectives, requirements. Due to local natural conditions, economic development level, population density and social environment is different, so the circulation of agricultural land can not be launched blindly disorder, not to engage across the board. Should proceed from reality, should adhere to the three "benefits" to determine the need for the circulation flow and the identification of specific models. At the same time should adhere to the "separation of powers", equal consultation, voluntary benefit, and registration publicity, local conditions, based on the principles of gradual and orderly progress. Straighten out the ownership of agricultural land property relations, and strengthen property rights to land contractual management rights properties. Regulate the specific provisions of various flow patterns, eliminate unreasonable restrictions. Establish appropriate for collectivization, large-scale production of agricultural joint-stock companies.Circulation patterns of agricultural land is not only reasonable construction of a policy issue, it is a legal issue. The existing legal framework in China, we should be rational in the legal system of choice on two levels with the establishment of a suitable area of agricultural land transfer legal norms, and promote legislation and policy in this area of convergence, to promote the transfer of agricultural land, the legal system continues to Improvement and Development.