Research Of Rural Land Circulation Legal System In China

Sustainable development of Land market can’t be done without the reconstructionof land market institutional structures. Land market different from the general one，flow and move of the land property rights which are features of land market，consequently the institutional construction of it would be the top priority. MeanwhileLand Circulation is an important aspect of the national land system. If the rightsowner who set up the real rights on the land did not use land directly，but transferredthe real rights which him enjoyed to others by the legal way， or released thecontractual rights of usage and proceeds of Part or all land to others on the basis of hisreal rights， these two legal behaviors will form the Land circulation. Adequatesolution of land circulation would not only direct promoted the development of ruralproductivity and increase farmer’s incomes，but also had conspicuous influences onscientific plan for the rural land and farmers democratic consciousness. It follows thatthe key to success or failure of overall reform which would be the innovation of landcirculation system，and it also as a necessary requirement of building the new socialistcountryside.The limits of rural land circulation were loosened gradually in China inrecent years. Due to Interpreting sprits of some important documents and outing tableof Rural Land Contract Law and Property Law，progress of rural land circulation hasbeen promoted all over the country vigorously. But the current land circulation is stillin the beginning stage. As a large agricultural nation，to realize the intensive andindustrialized agricultural production，to establish a modern agriculture system withhigh quality，high efficiency and high yield，the most important factor is speed up theprogress of the rural land circulation and expand the size of it. The ultimate goal ofthe innovation of land circulation system is fully exerted the double functions of landas resources and assets. And the function of economic regulation also is visible，through reasonable allocation of land，optimal-input and effective using to improveland productivities and values. Sustained stable and coordinated development of thewhole social economy will be promoted by this land utilization.Because of the ruralsocial safety net is still in primitive stage，the average per capita of land is extremelylimited and the roles of government and market in this progress are indistinct，the lawmust make reasonable balance among economic development， system of ruralsubsistence allowances and national food security. The existing legal system is toorough，can’t adapt to this new requirement obviously. There is necessity of seekingeffective references of Land Circulation from other land circulation systems anddifferent legal institutions which had been proved by time in the developed countriesand developing countries.