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The Family Contracts Of Management Right Of The Contracting Of Land Subcontract System Research

Posted on:2013-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2246330395988488Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Along with the" rural land contracts law" and" law" have been issued, the state ofcirculation of rural land contracted management right attitude by prohibiting graduallyconverted to open and to promote. In this kind big legislative background, subcontractas the circulation of rural land contracted management right important way has alsobeen affirmed and respected law. With the development of practice, the practice ofland subcontract has become one of the most important forms. The current law onsubcontract general abstract regulations already cannot satisfy the need of the socialpractice. Thoughts on current law and practice needs the huge gap, theoretical circlesbegin to pay attention to the study of China s subcontract system, and focus on thenature, consequences of subcontract, some scholars proposed subcontract belongs tothe nature of property right of land contracting management right reserved circulation,subcontract produces only obligatory rights. This paper from the view ofjurisprudence to subcontract out from theory to practice the system of argumentation,and reconstruct the subcontract system content, strive for the perfection of the currentsubcontract system, find a practical way of increasing farmers’ income, Mianbaozhilicontribution to the.This paper consists of three parts, about3.3words.The first part: the contracted management right of rural land system in china. Thefamily contracts to obtain the contracted management right of rural land is to showrural collective organization member to be engaged in agricultural production, withdoor for the unit and collective organization to sign land to contract contract, thecontracting collectives or owned by the state of peasant collective land use, enjoypossession, use, accrual and punish right of our country active land; the contractingmanagement rights arising from the household contract responsibility system theeconomic system, from its beginning with the distinctive nature of social security; land contract and management rights in traditional usufructuary right nature at thesame time, with the traditional usufruct does not have, such as the use of collectiveagricultural facilities and the right of accrual, the collective affairs management rightsand other rights connotation, is a new type of usufructuary right.The second part: the contracted management right of rural land contracts thecurrent situation. Subcontract is essentially a kind of rural land authority of the new,subcontract is the result of a new secondary land contracting management right;subcontract is applied in practice for a wide circulation; current subcontract system inpractice has showed many problems: as the premise of subcontract of right to landcontracting management right insufficient, current subcontract system providesgeneral, maneuverability is weak, subcontract by the subject and other constraints.The third part: the contracted management right of rural land subcontract systemperfect. This paper argues that, to improve the existing legislation, should first of allfrom the legislative background and the legislative purpose of the level to the existingsystem to reframe. This article will subcontract system the purpose of the legislationdetermined to solve a farmer rich problem, the purpose to establish the pertinenceprinciple: to set out actually from our country principle, does not change theownership of land and agricultural uses the principle of government intervention andmarket regulation, the principle of combining. On the design of the specific system,this paper also put forward specific legislative proposals: stipulate the right to contractfor management of land special power, clear subcontract to create a secondarycontractual operation right of real right character creation, establishment ofcontractual operation right of land and registration system of subcontract.This article take the civil law basic principle as guidance, combined with socialreality, social empirical and comparative analysis method, the contracted managementright to the land of the social security property undertook thorough analysis, in theright to land contractual management rights and power, to human rights and the natureof the contracted management rights in the land registration system is proposed innovative ideas, to existing contractual operation right of land ownership stabilitybased on the efficiency of land utilization, reach and the relevant stakeholderslegitimate rights and interests of the whole protection. In view of time and space islimited, this article only subcontract system some important content puts forward aproposal, to the subcontract system, still need to be further in-depth study.
Keywords/Search Tags:The household contract responsibility system, Right to contract formanagement of land, Land contract management right, Subcontract, Property rights
PDF Full Text Request
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