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The Analysis On The Legal Issues Of Rural Land Contracting Right Transfer

Posted on:2013-11-01Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:2246330371986371Subject:Civil law
Abstract/Summary:PDF Full Text Request
China’s reform began in the countryside, and the rural reforms were originated from the land contract. As the cornerstone of the rural reform, the right to land contractual management has always attached great importance to the party and government. The "Central No.1Document" clearly presented that farmers should be given more fully secure land contract and management rights, and the existing land contract relationships remain stable and unchanged for a long. Rural land contract management right system is the core content of the in China’s rural land legal system which is set up to protect farmers’ land use rights; to safeguard the legitimate rights and interests of farmers; to promote the development of agriculture, rural economic and the stability of rural society. Although China has made some regulations relevant to the transfer of rural land contract management right, reflecting the purpose of effective protection of the rights and interests of farmers, the transfer of rural land contracting right is still not in large-scale and standardized in the concrete practice of the process, due to the transfer of rural land market in China is not sound, as well as the barriers exist in the concept of the transfer of rural land contracting right.This paper first introduces a typical case in rural land transfer process and then discusses related concepts, characteristics and circulation of the rural land contract management right transfer. The paper also brings about some problems in this process and analyzes the reasons. Then, this paper analyzes the obstacles faced in rural land transfer process in terms of consciousness of transfer, institutional constraints and legal constraints. Finally, the author proposes legislation suggestions to improve the process of current land contract management rights transfer.
Keywords/Search Tags:land contracting right, transfer, legal issues
PDF Full Text Request
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