Study On The Land Contractual Management Right Problem Under The Background Of Urbanization

Urbanization is a stage or process of social development which contains transfer of population, geographical, economic development and the changes of production and life-style. Its development has certain positive effects and negative effects. As the unique legal system of China, land contractual management right changed from adjusted by policy to the building of legal system, from simple rules to the expansion of specific legislation. Then it was made to a legal property right attaching status property. To urbanization and the land contractual management right, the perfection of the later one will help to speed up the urbanization process, and the former one can help famers to use their rights effectively. Under the urbanization, some objective changes of the land contractual management right have taken place, including the decrease of subject and object of right, the expansion of powers and functions, and the weakening of status property. Even the land contractual management right encountered some challenges. For examples, in the aspect of land circulation, there exists the contradictions between population mobility and the restriction of land circulation, spontaneous circulation and the lag legal rule, regional development difference and the general character. In the aspect of rights of famers, the living security of Left-behind farmers is not enough, and legislation of interests protection for the Land-lost farmers is lacking. At the same time, the right is at risk of abuse. So I think, we should seek the paths of relief on the basis of complying with the weakening trend of status property, promoting the interests of the balance and the coordination of the laws. Then we should perfect legislation by improving the mechanism of land circulation, strengthening the protection of famers and the restriction on rights abuse.