Legal Analysis On Circulation Of Land Contract-management Right

Farmland not only impacts the survival of the rural population，but also impacts acountry’s food security. Nowadays，our country implements the rural householdcontract responsibility system. In this system，agricultural development is under thegreatly restricted of the decentralized soil，the outgoing production，the lowly yieldand the backward agricultural infrastructure. With the reform of economic system andthe unceasingly deepening of the industrialization and the urbanization，our country ingeneral is moving into a new stage of development by the method of promoting thedevelopment of agriculture with industry，leading the countryside by city. To promotethe integration of economic and social development between urban and rural is the toppriority of the three rural work. Under the current situation，only by establishing ascientific，rational and systemic system on circulation of land contract-managementright，to fully drive the farmers’ enthusiasm in land circulation，maximize the use ofthe land value，promote agricultural land resources optimization allocation and lay thefoundation to realize the agricultural industrialization， specialization and scalemanagement as soon as possible.The central government has paid attention to three rural issues for many years. Thegovernment report also offered to deepening the reform in the countryside，and ensurethat the rural land contracting management relationship exists long and stability. Thepolicy should make great efforts on popularizing advanced agricultural productiontechnology in the vast rural regions，guiding the fragmentary land concentration，improving utilization of land resources and increase the economic benefits. The lawshould obey the market economic rules，and meanwhile the law should make legalprovision on circulation means，condition，procedure and so on to ensure thecirculation of land contract-management right reasonable and lawful. To establish andperfect the system of social security of the farmers，not only to maintain cultivatedland area and guarantee the farmers’ survival and stabilize the agriculture production.The paper firstly analyzes the concept and the changes of the legislation of landcontract management right in order to explain the importance of the nation and thefarmers. And then，it demonstrates the urgency and necessity of the circulation of landcontract-management right from the analysis of the defect of the household contractresponsibility system. On the one hand，the paper summarizes some problems oncirculation the rural land，such as the methods，the legal vacancy and the realisticcondition. At last，it absorbs foreign experience and proposes views to modify，expecting that a scientific， rational and legal system on circulation of landcontract-management right could promote agricultural land resources optimizationallocation， realize the agricultural industrialization， specialization and scalemanagement，strengthen the construction of the new countryside and shorten the gapbetween urban and rural areas.