Discuss On The Improvement Of The Transfer Of Management Right Of Rural Land Contract

Lands are the basic living conditions and important social security for farmers as anatural resource and social wealth. Our country has confronted a particularly acutecontradiction between relatively rare land resources and a large number of required landrights, so allocation is particularly important. China’s the system of household contractedmanagement system of farmers is self-created by the farmers after the reform and recognizedby the government, which makes it a policy-oriented results. The separation of ownershipand use rights is the main feature of China’s current land system, but also a majorbreakthrough in the reform of land system under the people’s commune system in China.As though the right to land contractual management has been established, differentscholars would have different views and understanding about the content of their rightsand how to exercise the rules. Under the current land contractual management system,there are different interests between the state, the collectives and the farmers who havebeen the main three parties. Interests of the game lead to some turnover in our country’ssystem of land contracting and management.Full-text is divided into four parts: Introduction describes the background of thetopics of papers, the subject of status and research content and research methods of thisarticles. The first chapter defines the system of the circulation of rural land contractedmanagement right and sums up the spontaneously individual circulation patterns and thepassively collective circulation pattern. Chapter II looks at the legislative shortcomings ofthe system of the circulation of rural land contracted management right. Firstly, the weakindependence of the right to operate the rural land contract. Secondly, the dualSegmentation between legal ownership of rural land and factual ownership of ruralland.Thirdly, unclear and incomplete transfer contract of the registration system.Deficiencies in practice of the system of the circulation of rural land contractedmanagement right. Firstly, a mandatory or limited transfer of the rural from collectiveeconomic organizations. Secondly, random adjustment during the contract period. Thirdly,the transfer contractual rights and obligations are not clear. It is how to improve thecontractual operation right of land transfer system that is a major focus of this article. Chapter III concludes two parts: Firstly, we should adhere to the principles of landcontracting and management transfer, to uphold the right to land contractual managementtransfer of property rights legislation, to adhere to in order to protect the rights ofindividual farmers the prerequisite for a specific system design. Improvement of thespecific measures includes: Firstly, to abolish of the right to consent and recover from therural collective economic organizations. Secondly, to improve the way to the rural landcontracting and management transfer.Thirdly, to build groups of villagers as the mainbody in rural collective land and the exercise of all subjects.Finally, to establish thecorrect positioning of the government sector in the transfer of operating rights in the landcontract status.