System Of Rural Land Contract And Management Rights Back

China’s population accounts for more than a quarter of the world’s population, while China’s arable land only accounted for7%in the world. Premier Wen Jiabao emphasized in his government work report that we must adhere to the strictest system of protecting the arable land and keep no less than one billion eight hundred million mu land. In recent years, however, with the continuous development of our economy and the continuous improvement of the urban structure, the labors in the country transferred to towns in growing numbers. Because of lacking of labors and the imperfection of the rural security system in our country, the phenomenon that farmers don’t give up on the land contract right in the absence of adequate labor occurred everywhere. It is more serious especially in the village that are mostly women, the elderly and children. The leaders are lack of effective legal authority and it involves many other people which lead to the result that the problem is left undone for a long time. It caused limited cultivated land in our country unable to reasonably use and caused serious waste of land resources in China. Under the condition of extreme imbalance of population and cultivated land area in our country, it is important to use limited land resources sufficiently and reasonably, to limit or even put an end to the land desolating and fully protect land management rights of the rural land operator. Also it is the necessary way to implement and policyin China.Therefore, this article focuses on the trouble that the system faces in practice and to illustrate the necessity and urgency of establishing the system. Through the method of comparative analysis to illustrate the existing provisions of the system. Firstly, analyze the typical cases of registered permanent residence of the female who married outside as well as for students studying in other cities according to the provision of "loss of collective economic organizations membership" to see the disadvantages brought by the provisions of the system, namely this kind of special persons has lost the collective economic organizations membership, which lost the identity of the contracted land by removing the identity of the system property to protect the management rights of the vulnerable group, and the removal of the identity of the system attributes to recover the land which can be contracted to collective economic organizations in the form of paid members outside of the people. Thus help to enhance the strength of collective organization of economic and to build the material basis of collective organization production service system. Secondly, for the land that are wasted for more than two years or in the case that the contractor was in violation of the protection and rational utilization of land of statutory obligations, by establishing pre-procedure they can take back the land through the perfect legal process to carry out their right. Also it can fully protect the legitimate rights and interests of the contractor.To clarify the system through the two points that implemented by both legal preconditions and prepositional procedure. It can exercise its right through legal means and to take back the land that are idle for a long time. Also it can fully protect the right of the contractor.