China's Rural Land Issues In The Legal System

Land is the most important human social production. Because the existing system of rural is unreasonable, it Hinders the reasonable play land features. By analyzing the domestic and foreign scholars in the rural land area and research, the paper researches Marxist theory of rent based on the theory and the size of the Marxist theory of land. The innovation of the research pays more attention to the family land transfer, taking the transfer land of Hebei province as the entry point.By analyzing the domestic and foreign scholars in the rural land area and research, the paper researches Marxist theory of rent based on the theory and the size of the Marxist theory of land. Take literature, historical analysis of, a comparative analysis of, survey and other methods. Of rural land contract management rights and land use right transfer of the legal issues that appear aim is to optimize the allocation of land resources, to achieve large-scale agricultural operations. Innovation of this paper is to study the land transfer, Hebei Province, the starting point, the family are more concerned about the land transfer.Through the analysis of rural land and rural land system changes the legal nature, principles, procedures and other legal basis.2009 Foundation of Hebei Province ", Hebei Province, land transfer mechanism and rural social security research" as the data basis to introduce Hebei rural land contracting right and land use right transfer of the current status.Hebei rural land contract management rights transfer problems are:land transfer laws and regulations are not perfect; land transfer system is imperfect; the phenomenon of short-term lease more land; land transfer procedures or non-standard mode of operation, land transfer by a network of constraints. Land use right transfer problems are:there are invisible Residential Land Transaction; lax government management; Residential Land imperfect laws and regulations.The final paper in the analysis of the current status, Hebei Province, on the basis of land transfer, respectively, for the rural land contract management rights transfer and land use rights transfer, from the legislative, institutional and other aspects of comments and suggestions. Circulation of rural land contracted management right is recommended mainly:improvement of circulation legislation, clear government responsibility, normative flow procedure and innovation mode. Rural land use right transfer is recommended mainly: improve the rural circulation of Homestead Land use right legislation, to develop and standardize the rural land use right transfer market, scientific arrangement and planning of rural residential land, build a country curtilage base is paid use system.