Research On Land Contractual Management Rights Transfer

After the reform and opening up, China's rural areas is based on the household contract and combines unified and separate two-tier management system. The land in rural areas are contracted out to farmers, so that farmers can greatly promote enthusiasm for production, and also use land efficiency.However, as China's market economy development and China's accession to WTO, the traditional mode of agriculture operation has not suited to the social development, and in order to adapt to the current increasingly competitive international market,the rural areas only try to achieve the scale of production, scale of operation.In order to achieve the scale of operation under the existing system,the rural areas should promote transferof the right to land contractual management.This article is based on this consideration, and make how to promote the transfer of the right of land contract management as the research center.First,The right to land contractual management and the circulation of the right to land contractual management are generally introduced. The right to land contractual management, is a unique land-use system.It has some characters,for example:the subject is unique;the object is unique.At the same time, the right to land contractual management is a usufructuary.The circulation of the right to land contractual management is the circulation of the right of land-use,not the circulation of the ownership of the land.It has much value,also meets the development needs of the times. At the same time,the circulation of the right to land contractual management has theoretical basis,such as Marxist theory of rent,Property Theory.Second,the ways of the circulation of the right to land contractual management are analyzed,such as subcontract, lease, transfer, exchange, shares, mortgages.Because subcontract, and lease do not change the relationship between contractee and lessee,setting them together is setting repeatly.Because the transfer includes the exchange,legislation is enough to provide transfer.Shares,and mortgages are experimented,and also have some problems.Third, status and problems of the circulation of the right to land contractual management are analyed. The legislation about the circulation of the right to land contractual management are "Rural Land Contract Law","Property Law".The legislation allow the circulation of the right to land contractual management in some ways,but does some restrictive provisions,such as the ways,the object.At the same time,the circulation of the right to land contractual management has some problems,such as rural land ownership is not clear,the market mechanism does not form,does not have reasonable pricing mechanism.These problems restrict the circulation of the right to land contractual management.At last,how to perfect the circulation of the right to land contractual management is analyzed.It should follow certain principles,such as the principle of collective ownership of land.by Law, voluntary, paid principle and so on.Second,we should perfect the legislation such as clear property rights to land,improve the registration system for land transfer,remove the undue restrictions and so on.Third,we should allow the right to land contractual management shares, mortgages, trusts, inheritance At last,we should also improve the transfer of the right of land contract support measures,for example:establish certain intermediary,Improve the price system.The transfer of the right to land contractual management of our country should go after maintaining rural stability, maintaining social stability.By accumulating experience through pilot,we will promote the healthy transfer of the right to land contractual management in various ways,to lay a solid foundation to address China's "three rural" issue.