Reserch On The Transfermation Of The Right Tocontract For Management Of Land

The Land Contract Management Law clearly defined that the state should protect the land contract relationships to be stable according to the law, and ensure the peasantry with the right to contract for management of land for a long term. The land is verv significant for the peasantry. China has established the svstem which the family as the unit of contract as basis, and take advantage of unifrom and distinguishment together. This system has changed the countryside tremendously, and the agriculture developed so fast, so it was called the most successful economic reformation in china’s history.However, after30years, this regime has run into unprecedented challenge. With the advancement of the economic reformation, industrialization and urbanization, the family form was not fit the development of the need of the countryside and the social productivity, it also the main reason which impeding the agriculture modernization and incomes of farmers. The undevelopment productivity and low incomes reduced the peasant’s positivity on farming, at the same time, the urbanization made farmers leave their hometown to the cities. This keep the farmers, their contract right and the land at an arm’s length.The Constitution says:the land in the countryside belongs to the state and the peasant. As the premise of it, the Property Law which was implemet a new kind of using property which set up on the basis of collectivity property. At the same time, the Land Contract Management Law says:the state protect the right of participator to transfer their right of land legally, voluntray and worthy. From that, transfermation contract management right legally under the objective demend of the rural economic development, medernization and the transformation of the labour force in countries.The law and the policy in operation means to make full use of the land by the transformation of the land right ordered, it aims to the farmer labours optimization configuration and the realization about concertration, industration of agriculture and maximization of the famers’incomes. However, in fact, thelegal problem about the land right transformation has present more and more clearly. So far, there is no specialized law for it, and the exisiting institution is not completed. For instant, there are some farmers wants to transfer their right, but in fact the market can’t let it come true. It’s very difficult to make a balance between the labours and the land.In order to solve the problem list above, this thesis want to give some advice to reform the related statutes to clear up the negtive factors and normalize the transfering land right systerm to protect the fecility of farmers, realize the sustainable the development of the agticulture. This paper hopes to give some advice to complete the transformation of the land contract management right by the analysis of the basic theory of it on the basis of its nature of property; The second part point out the problem about how to make it to be the real property and protect the contactors’benefit by the analysis of the restriction, transformation pattern and the main body of it; The last part give some advice on consummate the lagal system, the transfering methods, the main body and the ancillary institution about it to solve the problem and meet the current situation we should face now.