Study On Legal System Of The Transfer Of The Rural Land Contract And Management Right Of China

Rural land, as a scarce resource, is a key factor for the reform and high-speed economy development of rural areas. Ever since2000, China has affirmed the transference of rural land contract and operation right by law. Yet up until now, although China has made much improvement many aspects, there’re still many problems left in the rental land market of rural land contracted management. From the legal aspect, we don’t have rule to follow due to the legal ambiguous provision. In practice, there are problems like, not strictly following the rules, small size, too many restrictions, lack of auxiliary system, and so on. As a result of the tough status, the use ratio of rural land is very low and the modernization of agriculture is severely affected.Specifically, in this essay, I firstly introduce the basic theory and legal nature of transfer of management right of land contract. Combined with the current situation abstracted from visits and paper research, I find out many defects and offer my own viewpoint and suggestions. To be specific, the first chapter of this paper is a foreword, in the second chapter, I analyses the basic theory on this issue. In chapter three, I analyses the emphyteusis in ancient China and rural land system aboard in order to find successful experiences for the perfection of China’s rural land system. In the last chapter of this paper, I state briefly the existing problems in current system and practice. In innovation, in the last part of this paper I, for the first time, introduce three new types of transfer of management right of land contract to lawmakers. Secondly, I analyses the land trust system in China. I also give suggestions to perfect the current system. What’s more, I think land joint stock system cooperative society is a good way to change the tide during current years. So, after research I strongly recommend this system to be popularized. Finally, I give suggestions to the build up suitable auxiliary system. I hope my research and suggestion will give do some help to China’s reform in this field.