Legal Issues Of Land Contracting Right Way

Land is productive resources to the survival of humans, for all mankind,the land is the foundation of social development, is the carrier of humancivilization. After the third plenary session, China began to implement thehousehold contract responsibility system, put forward of advanced system, fullymobilize the enthusiasm farmers’ production and vigorously promote thedevelopment of rural economy. However, as time goes on, the development ofsocial economy, the defects of household contract responsibility system hascome, began to restrict the healthy development of rural economy, has not adaptto the development of rural productivity.As the "rural land contract law of the People’s Republic of China" and thepromulgation and implementation of the "property law of the People’s Republicof China for the right to the contracted management of rural land circulation hasprovided a legal basis, to a certain extent to protect the legitimate rights andinterests of the farmers, but in the real right to the contracted management ofland circulation process still exist many obstacles, highlights the right to thecontracted management of land circulation of the defects on the design of thelegal system, a direct impact on the sustainable development of rural economyin our country, restrict the rural land resource optimal allocation of our country.Therefore, improve and perfect the contracted management of rural landcirculation legal system, has important theoretical value and practicalsignificance. Research to the contracted management of rural land circulationlegal system, perfect the relevant regulations and supporting measures, can tofurther liberate rural productivity, realize the agricultural scale management,improve China’s long-standing urban-rural dual agency problems, promotingagricultural modernization, improve the land utilization, realize the farmersincrease production, prosperous rural economy, the construction of new socialistcountryside is of great significance.This article USES the research data, found and ask questions-analysisproblem-the problem put forward the proposal of train of thought, right to thecontracted management of land circulation is the main research methods,registration system, circulation market, social security, etc., through the analysisof the problems, put forward their own views and opinions, hope to perfect ourcountry rural contracted management of land circulation plays some role. This paper is divided into5parts, the first part "analysis of circulation ofthe right to land contractual management theory". First of all to related conceptson the transfer of the right to land contractual management definition. Thensummarizes the characteristics of rural land management rights transfer, andtransfer of the right to land contractual management was summarized. Analysisof the second part "of China’s legal right to the contracted management of landcirculation way". Mainly introduced the development process of China’s ruralland contracting right of management circulation mode, and then on China’slegal right to the contracted management of land circulation mode analysis. Thethird part, mainly points out that our current law in the aspects of the right to thecontracted management of land circulation loopholes. The fourth part "methodto improve the land contracting right of management circulation in china". Thispart is mainly to answer the issues raised in the third part, it both has thetheoretically, but also in practice recommendations. The fifth part mainlyintroduces how to improve China’s social security system, to provide protectionfor the land contracting right of management circulation.The focus of this article lies in the analysis and study of existing laws,which Outlines the Suggestions and opinions, to solve the problem of this kindof improving the legal system of right to the contracted management of landcirculation, promote the process of right to the contracted management of landcirculation, and promote the development of rural economy, promote socialharmony.