Land Contract And Management Rights Transfer Research Legal Issues

Land as subsistence farmers of the most important is the prerequisite for social development and infrastructure. Land reform and improve agricultural production not only with the majority of the vital interests of the operators is closely related, it is our ability to achieve key to building a moderately prosperous society. The household contract responsibility system is unique to China, which began in the late 70 has been more than 30 years. Along with the policy opening and the legal laws and regulations perfection, in the current society, the land gradually reduces in particular to farmer's fetter dynamics, the massive farmers enter a city the work, the phenomenon which the land pasts are more and more many, from this produces the dispute are also many. As the transfer occurred in between acquaintances, often taking an oral agreement between them, there is no strict transfer process. And most people subcontract, lease and transfer of understanding in place, not a correct understanding of these three flow patterns and their legal consequences. How can the land transfer is reasonable, and orderly conduct, and earnestly safeguard the legitimate rights and interests of circulation, reduce disputes, dispute resolution has become imperative.Therefore, this article from a right to transfer land contract and management contract dispute case to start on the contract in the circulation occurred during some of the legal issues described, and focus on analysis of the subcontract, lease and transfer of the three flow patterns identification and effectiveness in order to lead to more in-depth discussion. Accurate application of the law which can solve the rural land caused disputes, land transfer transactions to maintain security and better protect farmers' rights and promoting the establishment of a harmonious society in China.The first part: Introduce the basic case. In this section describes the basic facts of the dispute of land contract management right transfer contract, Court elaborated on the outcome of the case and noted that the focus of dispute of the case.The second part: Legal analysis of related problems. This part in respect of contractual operation right of land property, legal features of contracted land circulation and legislative situation provides an overview of the history, pointed out that the current contracted land circulation in several ways.The third part: Subcontract, lease, transfer of Analysis. In this section outlines the subcontract, lease, transfer the identification of these three flow patterns and effectiveness. And focus on subcontracting and leasing, subcontracting and transfer were compared, analysis, pointed out the rental alternative to sub-contract, but for now, there is still need for subcontractors. Therefore recommended in the subcontract, lease transfer mode for the two provisions should be strictly defined access package side, the lessee of the main qualifications.The fourth part: To directs the multianalysis which the case carries on. In this part of the focus of controversy for the case that his views on the handling of cases. Finds the original land transfer agreement signed between the defendant for subcontract in nature, then finds two further transfers of land between the defendant acts as no Contracting Party (in this case the plaintiff) consent is invalid.The fifth part: Reflections on the case. Through the analysis of the case put forward reasonable solutions to the issues raised and of the measures. On one hand, requires Contracting Parties to strengthen the circulation management of contracted land; circulation of both sides to improve legal awareness, reduce the incidence of disputes from the source. The other hand, asked a judge in practice able to correctly distinguish between subcontracting, let and the circulation of these three ways; the correct identification of the transfer of the force.