An Analysis On The Registration System Of The Circulation Of The Right Of Contracted Management Of Rural Land

The ever growing pace of urbanization has been driven the shortage of rural landto extremes,and land circulation is largely retarded by the backward development ofland in China, which is a big obstacle for the development of rural economy andsociety. China, therefore, has granted the nature of property right to the right ofcontracted Management of Rural Land by means of legislation to enhance the weakenthusiasm of farmers on land investment and to change the small scale LandManagement to larger ones for benefits of scale. This legislative advancementsymbolizes the return of the public rights of contracted land management to privateones. However, the goal of this legislation has not been realized in real practice, andthe nature of property right of the contracted management of rural land not embodied.This is the result of the lacking of some established and completed system, theregistration system in particular, which could promote the circulation of rights ofcontracted management of rural land.The registration system is an efficient and secure guarantee of the circulation ofthe right of contracted management of rural land. However, the vitality of it still lacksattention from scholars and relevant workers in China. With the opening of rural landmarket, land transaction is becoming complex and large,which adds to the necessityof an analysis of the registration system of the circulation of rights of contractedmanagement of rural land. This article will have a discussion of the current situation of the circulation of contracted land rights and the reasons of it, with value analysis,comparative analysis and reference to the theoretical results of property registrationbeing used. The aim is to offer a perfect scheme to establish in China the registrationsystem of the circulation of right of contracted management of rural land within theframework of current laws and legislations.The thesis consists of, apart from introduction and conclusion, three mainchapters. The first chapter concerns about the legislative definition of the registrationsystem of circulation of the right to the contracted management of rural land, whichincludes the contents, the attributes as well as the legal meaning of the registrationsystem; the second chapter deals with the current situation of the registration system,which includes the problems existing both in legislative terms and practice; it alsoanalyzes the reasons behind such problems. Chapter three is about the prospect of theregistration system. According to the reasons behind such problems, the thesisproposes a new pattern about the registration system as well as its specific methodsafter close analysis of the problems.