Study On Legal Issues Of The Right To Contracted Management Of Barren Lands

Due to increased environmental pollution, water loss and soil erosion keepsgetting worse and the coverage of arable land keeps shrinking in china. Chinesestrives to improve utilization efficiency of the existing land, while at the same timecontinues to exploit uncultivated land (including wasteland, mountainous areas,bottomland, and valleys) so as to increase acreage of usable land. Against thisbackdrop, China creatively brings up practice of the Right to Contracted Managementof uncultivated land. The nature of uncultivated land as commodities and part of theecological system determines that the right to contracted management of uncultivatedland is essentially different from the property rights of any other real estate.By using theoretical analysis of right to contracted management of uncultivatedland, this paper presents explicit explanations of uncultivated land, including itsdefinition, scope, and characteristics. Theories of environmental right, standard ofsocial right, the separation of ownership from management, and real right for usufructhave been used in this paper as theoretical basis, so as to reflect upon the value of theright to contracted management of uncultivated land in terms of maintainingecological functions and improving land use efficiency. The paper approaches theissue from the following four aspects—the obtaining of the right, the registration, itscirculation, and implications for ecological environment; and finds out that currentlegislation in this regard has several defects, like its limits of legislative applicationscope, ambiguous terms of application, and absence of certain procedure. In theprocess of improving this practice, China for one thing learns from other parts of theworld like Russia, Japan, and the U.S.; for another takes into consideration localcodes and regulations domestically in legislative perfection. The writer hopes to seethe following steps taken so as to improve the current situation: set up a system ofregistration for ownership of the right to contracted management of uncultivated land,with land registration being the determinant factor for the right to enter into force andland use being the indispensable element; regulate circulation of the right byenhancing supervision and putting in place detailed income distribution standards forbenefits earned from the right circulation; introduce compensation mechanism to the practice; put in place an ecological protection scheme in commensurate with the rightto contracted management of uncultivated land practice.