On The Legal Problems Of The Transfer Of The Rural Contractual Management Rights In China

Land is the life source for the survival of all men especially the farmers and it is of vital importance in terms of meeting the basic needs of them because it constitutes the material basis for the stability of the social orders and the economic development in the rural areas. As the real estate real rights, whether the farmers can enjoy the land related rights will directly affect their living conditions. With the rapid development of rural economy and the expansion of the scale management, the traditional land contract system does not meet the needs of the development of rural agricultural production. Household contract responsibility system continuously develops agricultural production, and has lost its original driving force. Therefore, become the realistic social needs. There are continuous exploration and innovation carried on for the system for the transfer of the rural land contractual management rights. For example,"the Rural Land Contract Law","Property Law" and other relevant laws and regulation has been enacted,providing corresponding legal and practical basis for the transfer of the rural land contractual management rights, which is well-matched with the National Land policy reform and development. In conclusion, the system has been through the process of prohibition, limitation, to gradual openness.Currently, the transfer of the rural land contractual management rights, which is an important means for farmers to realize their land rights, has encountered various problems in practice. Without prompt solution, it will exert huge adverse influence on the development of the agriculture as well as on the farmers’ lives.Firstly, the thesis offers an research into the jurisprudential basis of the transfer of the rural contractual management rights by defining the content of the rights and the meaning of the transfer, clearing the usufructuary nature of the rural contractual management rights, elaborating the realistic necessity and significance of the transfer and exploring into the means of transferring, which should pave the way for the later studies in the thesis. Secondly, some legal questions are proposed and then analyzed based on the current state of the transfer of the rural contractual management rights. The problems includes ambiguous definition of the rural and collective land right, indefinite and multiple main body of the land ownership, the limited ways for the transfer of the rural contractual management rights, the legislative defects in the transfer due to the imperfect governmental and judicial guarantee, unsound registration system for the transfer, non-standard contracts for the transfer, the lack of effective guide from service organization in the transfer, and the high risk of the transfer due to weak rural social security, etc. Lastly, some countermeasures and suggestions are offered to the questions raised above. To make it true that the transfer of the rural contractual management rights can be a great impetus to the stability of the rural communities and the consolidation of the state economy, the land property right system has to be clear and definite, the new forms like buying a share or pledging can be adopted, the co-ops for the land transfer can be established, the security system dealing with the risks in transferring farmland for commercial uses should be set up and the judicial protection ought to be enhanced, etc..