The Right To Land Contractual Management Stake In Legal Issuest

Land in rural areas the most basic means of production, farmers’survival of the living conditions and rely on, even to maintain social stability plays a vital role for the promotion of rural economic development. The right to land contractual management shares usufructuary right people get the benefit of a way to have legal significance, is also difficult in the practice of regulating step. Now the circulation of land contract management right related to the legal system to achieve, related to the construction of a new socialist countryside, related to the vital interests of farmers. Practical significance.In the1980s, the household contract responsibility system in the country gradually able to promote and establish the farmers have a contract and management rights policy does not change the basis of collective land ownership, has undergone enormous changes to the rural economy. However, the establishment of the socialist market economic system and gradually improve, along with the deepening of China’s economic reform, the drawbacks of the household contract responsibility system as the main factors hinder the development of agricultural modernization. In such an environment, start to explore the rural land contract and management rights to shares of progressive significance to promote the development of agricultural modernization. Currently, the land contract and management rights shares to the transfer of limited range, scholars on land contract and management rights shares is not wide enough depth.Some local governments in order to pursue the performance contrary to the wishes of the farmers of mandatory shares. The valuation norms in the missing value of the land in the shares of the right to land contractual management, resulting in land price does not reflect its market value, farmers suffered a stake in loss to the legitimate rights and interests have been infringed. This article from the land contract and management rights to shares of the problems in the process to proceed, to respect the farmers’willingness to adhere to the voluntary principle of fairness, give full play the enthusiasm of farmers, according to local conditions to promote the right to land contractual management stake in circulation, explore the land contract and management rights shares the basis of scientific assessment of land contract and management rights, to protect farmers’ownership of equity, to allow farmers to determine the equity transfer, and allows the company to their mortgage as a means of financing. But also to improve the land contract and management rights to shares of a legal dispute settlement mechanism, stake in circulation for the right to land contractual management is carried out smoothly to provide legal protection. Through the improvement of the legal system and explore the land contract and management rights shares to one suitable for the development of rural land contract management right of way, and earnestly safeguard the interests of farmers. This article is divided into the following sections explore:The first part by introducing the right to land contractual management shares meaning to explore the basis of shares of the right to land contractual management obtained the shares of the significance of the rural land contract management right.The second part by reviewing the history of the land contract and management rights hares,combed into a land contract operation rights shares three models described the mode of social practice at this stage that still exist in shares clearly practice the status quo.The third part starting from the judicial precedent and lead to legal thinking on the obstacles of the land contract and management rights shares.Obstacle problems of land contract and management rights to shares in the fourth part of the solution as the core content,and put forward a sound idea of the right to land contractual management shares.