| In recent years,"The Agriculture-Country-Peasant Issues" has become the most concernsof our government and the whole society. How to develop modern agriculture, how to raisefarmer living standard, is the most critical factor. Current our country farmer, its ownproductive resources are mainly rural land, the law clearly stipulates the farmer enjoys landcontracting management right. But the agricultural production based on the householdcontract responsibility system, has been unable to adapt to the level of social productivitydevelopment, also cannot satisfy farmer’s income needs. As farmer’s main property right,management right of the contracting of land only through circulation, in order to form landcentrally moderately, can develop the modernization of agriculture, and also raise the livingstandard of the farmer, improve farmer’s survival condition. Therefore we say that the landcontract and management rights can smoothly move is the important way to solve "Theagricultural issues" problem. And can ensure the farmer’s normal production, make sure therural land lawfully circulation and promote the rapid development of the rural economy is astandard to measure the current rural land contract management rights transfer system.However, the various provisions of the "property law" has no longer meet the circulationof rural land contracted management right because of the legal system deficiencies and unduerestriction, need the institutional innovation and breakthrough. In view of this, the paper startsfrom Interpretating China’s current land contract management rights transfer system, analysesthe problems in current circulation of rural land contracted management right process, andputs forward some improvement suggestions.This paper is divided into the following sections:The first part is the theory of transfer of land contract and management rights. The partintroduced the basic concept of land contracted management right, make clear the usufructsnature. Then it analyses the characteristics of the transfer of land contract and managementrights, and pointed out the restrictions in circulation of land contractual management right.Finally, it stated the significance of establishing and perfecting the circulation of landcontracting management right system from four aspects.The second part analyses the current land contracting right of legal norms from the"property law" angle. Focus on legislative interpretation of the "property law" article128th, 129th and133th on the transfer of land contract and management rights.The third part is about the Institutional insufficiency and perfection of "property law" onthe transfer of land contract and Management Rights. Mainly from the land contract andmanagement right registration system, transfer of the contractual right of land use restrictions,the circulation of land contracting management right identity restriction, the circulation ofland contracting management right market construction four aspects in detail elaborated thatthe current land contract management rights transfer system exists questions and theinsufficiencies, and combined with the legal practice to give some advice and suggestions. |
