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Study On The Legal Problem Of Circulation Of Rural Land Contracted Management Right

Posted on:2013-06-11Degree:MasterType:Thesis
Country:ChinaCandidate:P F LiFull Text:PDF
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Closely related to the survival of land and farmers, the basic necessities of life isessential to solve the farmers, the farmers ’land rights enjoy a direct impact on thequality and level of farmers’ life, therefore, the land as real property, adjust the scopeof civil law. mainly to adjust the ownership of the land in the area of civil law,circulation, development, utilization, protection and management, but also to regulatethe behavior of people in the process of land transfer. Transfer of rural land as a ruraleconomic development, the product of great significance, not only affects the speedof China’s reform, but also to social harmony and stability. A result, rural landcontracting right and legal issues in line with the law of social development, also inline with the requirements of the times. At present, the transfer of rural land contractmanagement rights, there are many problems by many obstacles, and its developmenton rural land contract management right transfer of the legal system is far fromperfect, the important factor restricting China to solve the "three rural" issues, whilebecome the bottleneck of our sound and rapid economic development, must beresolved. Therefore, the author from China’s reality of national conditions and startingadhere to the principle of linking theory with practical efforts to explore China’s ruralland contracting business the right circulation of theoretical topics, in order tocombine actual situation in China to the development of China rural land contractingoperation right to flow the legal system, the accumulation of practical experience, toplay a better social security function of land to farmers to maximize the protection offarmers ’legal interests in land, promote social fairness and justice, maintain socialharmony and stability, but also farmers’ land rights, farmers living a happier life withmore dignity. I read a lot of references in the thesis, theory and practice, combining,and combine their work in the actual conduct of field research, analysis defined thebasic theory of the transfer of rural land contract management right, and combed the rural land contract and management transfer of the right of the basic theory, a morein-depth study of the transfer of rural land contract management right legal problems.The main contents of the paper include: First expounded China’s rural landcontracting right connotations, legal characteristics, significance and transfer of theway; illustrates China’s rural land contracting right and legal issues; explore improvedcountermeasures of China’s rural land contracting right of the main conclusions of thepaper, and the inspiration and outlook. Through analysis of the legal issues on thetransfer of rural land contract management right to draw such a conclusion: China’srural land contracting right and legal system reform and development, first, the needto improve China’s rural land property rights system, a clear title to land subject; needto improve the way land transfer; need to improve the registration system for ruralland contracting right; four procedures need to regulate rural land contracting right.Paper innovation point is: the theory of property law perspective, combing China’srural land contracting business the right flow of the development context,interpretation of the China’s rural land contracting operation right to flow the legalissues exist, and explore the perfect China’s rural land contracting operation right toflow the rapid development of reform ideas.
Keywords/Search Tags:Contractual operation right of land, Right of usufructuary, Circulation
PDF Full Text Request
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