On The System Of The Land Contracting Right Of Management

Land is the fundamental element in agricultural production and the basis thathuman beings live by. Since the implementation of the household contractresponsibility system, the new land system has exerted tremendous impact on theprevious structure of land property right. Peasants are empowered with the landcontractual management right, and with the right they use the land resources, bywhich the economy in rural areas develops unprecedentedly. With the improvement ofindustrialization, agricultural modernization and urbanization, the relation betweenpeasants and the industry, between peasants and cities become more and more closed.To realize agricultural modernization and increase the farmers’ living standard, it isurgent to find a more reasonable way to tackle with the transfer of the land contractualmanagement right. One crucial issue, discussed at third Plenum of the17thCommunist Party of China Central Committee, about promoting the reform anddevelopment in rural areas under the new circumstance is to conduct research on thereform and improvement of the transfer of rural land contractual management rightunder the new circumstance. The CPC Central Committee‘s Decision on Major IssuesConcerning the Reform and Development in Rural Areas, which is passed by thePlenum, clearly points out that the trend of the reform in rural areas is the transfer ofland contractual management right.,“establishing and improving the market fortransferring land contractual management right and allowing farmers to transfer theland contractual management right on the basis of voluntariness and compensation bysubcontracting, renting, exchanging, joint stock cooperation and other ways anddevelop proper scale management of various patterns. Places with enough conditioncan develop larger-scale management such as professional large-scale farms, familyfarms and farmer cooperatives. The transfer of land contractual management rightcannot change the collective ownership and the use of the land, and cannot infringethe farmers’ land contract right. The strictest land–saving system is enforced tocontrol the scale of the land used for construction in urban and rural areas in a strictway. The transfer of land contractual management bears on the perspective of ourcountry and the life of our people, closely related to the survival and development ofhundreds of millions of farmers.Beginning with the basic concepts concerning land contractual management rightand g the transfer of this right, the thesis discusses the historical changes of thetransfer of the right. According to the insightful study on the principles and ways to transferring the land contractual management right, the thesis analyzes the presentsituation of rural land transfer in China in a comprehensive way. To tackle with theproblems existing in the transfer mechanism of rural land, the thesis proposes themethods for improving and renewing the present driving mechanism of farmlandtransfer, and makes a primary discussion about the direction following which thecorresponding rural land system is constructed and renewed.