Empirical Research On The Circulation Of Contractual Right Of Rural Collective Land

Along with Law of the people’s republic of China on property right has been put into practice, signed that the proportion right for Chinese rural land contractual relations is recognized in a manner of Law, and’circulation of the Right to the contracted management of rural land is supported by legal principle. The effective circulation of the Right to the contracted management of rural land has active function on protecting farmers’legitimate rights and interests, stabilizing rural social formation, and promoting development on agricultural economics. Meanwhile, the other thing need to be consideration in judicatory practice is that civil cases caused by land circulation dissension are abundantly existed, and the situations are still increasing.Household contracted responsibility system with remuneration applying farmer’s family as basic unit of land contracting, largely endows with farming right to farmers, and stimulates farmer’s enthusiasm on tilling the land for period of time. However, along with the development of urbanization, industrialization, and agricultural modernization, the agriculture production model of applying with farmer’s individual tilling style is out of date from the era evolution. Some of districts have the phenomenon of occurring abundance of barren land, which is because the land output deficiency causing farmers becoming migrant workers. For developing rural economy, and optimizing configuration of rural land natural resources, China energetically advocates Rural Collective Land Circulation in recent years.Recent years, along with economy development, intense social transformation, financial benefit of rural land and concerns from different social classes, petition letters are obviously increased lots on issue of circulation of contractual right of rural collective land. The responsibility of protecting farmer’s legal rights and maintaining social stability is undertaken on the shoulder of The People’s Courts, especially on low level courts. Based on Chinese situation, how justice department maximum pursuing cases’fairness and justness based on the current national policy within the scope of low, is always a nodus of People’s Courts working. Therefore, to promote rural economy active development, and maintain social harmony and stability, the investigation is particularly important in angle of law for circulation of contractual right of rural collective land.Identification of the relative concepts and basic law theories of rural collective land circulation is the foundation of investigation for the land circulation problem. This thesis investigated rural collective land circulation is identified as that the rural land is still belonging to collectivity, and the circulation happened between farmers and other agricultural production operators including subcontract, shareholder, lease, transfer and interchange etc. The effective rural collective land circulation could optimize the allocation of resources, construct modern agriculture, optimize labor flow, expand farmers’ property income channel, promote the adjustment of industrial structure, and promote urbanization development. Through analyzing and comparing Chinese history of rural land property rights system after new Chinese establishment and current other countries and regions’methods, it could be the reference for how solving Chinese current land circulation issues.Anhui province Lai’an county is a traditional agriculture county, who is suitable as the sample for investigating land circulation problem. The investigation is targeting on Lai’an’s land contracting management right circulation’s current status and dissension cases, analyzing the reasons, models and features of rural collective land contracting management right circulation, which is dealt by Lai’an County People’s Court from2007so far. The land circulation may lead five types of land dissension cases happened. According to the special cases, the thesis analyses and summarizes the cases solving experience from the land circulation problem:rural barren land behavior, democracy agreed principles, and land circulation protection rights for married daughter etc.To carry out the standardization of rural collective land circulation, integrated jurisprudence is necessary and it is guaranteed by targeted policy supports and justice and efficiency of judicial environment. This part content is based on the previous theories analysis and practice analysis, targeted the current rural collective land circulation problem, started from completing legal system, and identifying the dominant position of contractors in land circulation to consummate the land circulation format. The methods of consummating rural collective land circulation could bring forward from the following aspects:construct effective rural social protection system, set up completed market circulation mechanism, cultivate powerful farmer mutual collaboration team, and safeguard from legislation etc.