An Empirical Anmlysis Of The Right To Land Contractual Management Succession

The land is raising the mother of mankind, human history of civilization for thousands of years are from the land. No matter how historical change, how to transform each dynasty, rulers are thinking how to land in mining more wealth, reform every revolution can avoid the problem is the land system. How reasonable allocation, land use, land who occupies what possession, these are needed to solve the problem of land system. The rural land contractual management right from the rural economic system reform of our country, the establishment of the right to fully encourage farmers to the enthusiasm and initiative of the investment in land, to an important role for the development of the construction of our country’s rural social play. However, any system is not perfect. China’s implementation of the right to land contractual management system has been nearly30years of time, with the passage of time, the right to the contracted management of land inheritance disputes occur frequently, the inheritance of the right to land contractual management becomes a key topic of discussion from all walks of life. Therefore, this paper on the rural land contract and management rights can be inherited problems are analyzed and discussed.This paper consists of the following three chapters:The first chapter is about the right to land contractual management succession judicial status and effect of case. Firstly, through combing the existing laws on the right to the contracted management of land inheritance contents, summarizes what rights can be inherited, which right is not inheritable. Then, briefly describes the case and the trial of several in the judicial practice, and the actual effect of the trial after the analysis, find out the existing problems. Finally, through the case analysis, summed up the law can not be the actual effect caused by inherited bad.The second chapter is the land contract and management rights can be inherited the legal and practical analysis. To prove that the inheritable, we must understand the reason cannot be inherited. So, the second chapter analyzes the main reason the law can not be inherited. Then, starting from the theoretical basis, legal basis through two aspects of usufructuary right and property right of land contractual management rights argument can be inherited. Finally, combined with the practical situation of our countryside and the judicial practice, the right to the contracted management of land inheritance has sufficient basis in reality.The third chapter is about the system design of the right to land contractual management succession advice. To perfect the system, first from the improvement of the law, to improve, modify the relevant laws. Then, according to the structure of the system of inheritance, inherited from the right to the contracted management of land, the successor to the two basic principles of the method, put forward a sound proposal.Finally, the conclusion part, the right to the contracted management of land inheritance is the inevitable requirement of deepening the rural land reform, is in full compliance with the policy trend at the present stage of land reform.