The Study On The Succession Issues Of The Rural Contracted Land Management Rights

For the majority of Chinese peasants, land plays the functions in both economicbenefits and social security. At present, the contracted rural land management rightspermit peasants to exchange, transfer, subcontract, lease and transfer shares in a cooperativemanner. As the acceleration of the land market development, to ensure the stability of therural land use rights play an important role in the entire rural social stability. And thus, asound stable way of the land transfer is developed, that is, the succession of the rural landmanagement rights transfer.In domestic and foreign countries, most of scholars have been discussed andresearched the issues from the perspectives of economics, sociology and agronomy, butstill rare on the perspective of property law, at least it has not yet made a systematicresearch. Firstly, the thesis makes an introduction and evaluation on the issues of the rightssuccession based on the definition, characteristics and nature of the rural lands use rights,and draws a conclusion of the necessity and feasibility of the rights succession with theanalysis of the theoretical basis, legal basis, historical precedents and comparative approachreferences. Secondly, based on the above analysis, the thesis analyses the current situationof the legislation about rural contracted lands management rights and the problems exists inthe system operation, and proposes the corresponding improvements and measures. Inaddition, the article presents the idea of the household contracted management rights fromthe perspective of the identity and the ways of the rights succession.If the rights of the rural contracted lands management are permitted to succeed, it isnot only favorable for the long-term stability of the rural contracted land relations, but alsofor long-term development of rural economy, which even have far-reaching impact on theoverall social stability and development in the contemporary society. Therefore, the authorfavors the idea of the succession of the rural contracted land management rights to protectthe legitimate rights of the peasants effectively.