Explore The Problems Of The Transfer Of The Rights Of Contracting Rural Land

In our country, the rural land is the most basic production material and the most reliable life safeguard of farmers. More important, it also is the foundation of farmers’ life and development. The rights of farmers’contracted land are the fundamental interests. The.rural land and farmers’life are closely linked. Because of the development of the market economy and the important period of social transformation in our country, the development direction of rural land is the restricting factors of rural economic. Now, the transfer of the rights of contracting rural land is an important means of the development of the rural economy and the improvement of farmers’living standard. There are more people and less land in China and the urbanization development takes up the rural land, so that the rural land are less and less. The transfer of the rights of contracting rural land can solve the contradiction of more people and less land, and take small land together for a large-scale management. The transfer of the rights of contracting rural land also can reduce business costs and improve labor productivity for overcome the weakness of farmers facing big market. A large-scale management of rural land and realizing the comprehensive exploitation and utilization of land are advantage of stride forward to the standardization and mechanization of rural production and the scale management of the production and processing.In recent years, the governments take the rights of contracting rural land seriously. They have issued a series of legal policy to promote the transfer of the rights of contracting rural land. But since the laws have certain limitation so they can’t adapt to the social economic development, on the contrary, they hindered the development of the rural economy in some extent. In practice the transfer of the rights of contracting rural land is gradually accepted by farmers, but most farmers still can’t confidently about the transfer of their farmland, which they regard as the basic life safeguard. Hence, it needs encouragement and guidance by public policy to enhance enthusiasm of the transfer of the rights of contracting rural land. There are so many places those are nonstandard. In the process of the transfer of the rights of contracting rural land that needs governments, markets to make it perfect, developing the economic of rural, increasing the farmers’ income, and protecting farmers’interest practically. This paper uses empirical analysis of legal approaches, with the civil law and economic law as the background and perspectives, try to write the transfer of the rights of contracting rural land from the legal regulation, necessity, existing problems, causes and the principle should followed, to explore the current situation of the rights of contracting rural land in our country, and try to put forward the improvement suggestions of the law, the government and the market.