Study Of Rural Land Contract Operation Rights Transfer Legal Issues

As farmers’most important means of productio n, the land is their source of live and lives. In particular, the rural land resource is more valuable in such a country where land is rich in total amount but poor in per capita. Rural land reform and perfection is not only intimately related to the farmers’vital interests but also the construction of harmonious socialist society and prosperous society. As the core of Chinese rural land reform, reasonable and orderly circulation of rural land contract managment right, not only can improve the allocative efficiency of agricultural land resource, prevent the land from being idled and wasted, but also can protect the interests of farmers and promote the construction of the New Socialist Countryside. Therefore, we conclude that circulation of rural land contract managment right is something inevitable in the current process of Chinese rural economic development. The imperfect legislative system about circulation’subject, mode and procedure causes sorts of problems in the practice of rural land contract managment right’s circulation. so, it is particularly urgent to improve the existing land contract management system and build a scientific and standardized system of land circulation.In addition to the introduction and conclusion, this thesis is divided into three parts:The first part describes the basic theory about circulation of rural land contract managment right, beginning with defining its concept and the legal nature, then analyzes its connotation, characteristics, significance and so on.The second part analyzes the existing problems of Chinese rural land contract managment right, then find out the reasons for the problems which includes incomplete right in rem, limited mode in circulation and lack of expedited information channels, intermediaries as well as the absence of the dispute settlement mechanism.The third part puts forward to perfect our country circulation of rural land contracted management right system on the basis of present situation and analysis of Chinese rural land contract management right. It includes the following several aspects:one is improving land contract and management rights transfer system principle. Another part principle on circulation should be improved perfecting the related law, firstly, legislation in definition of the connotation of circulation, make the system and mechanism perfection; secondly, establishing a plurality lf contracted management rights in the land dispute solution mechanism. In addition, the author puts forward to perfect the measure, such as establishing and improving the organizations, supervision and diversified disputes settlement mechanism as well as the market system.