An Analysis On The Registration Of Land Contractual Management

Land is the important natural resources of the country and also very important property of the farmers. Now there are250million farmers and138square kilometers cultivated land in China. Therefore, the contradiction between plow land and human is intensifying. In recent years, along with the accelerated pace of urbanization and deepening reformation of rural economy, land ownership disputes, and the land expropriation compensation disputes are increasing day by day, which seriously affected the social stability. At present our country has a comparatively systematic and complete collective land use right registration system of state-owned land, including the construction land use rights, rural homestead-land-use-right. However, as one of the use rights of collective land, the registration system of land contract management rights of rural land, which is tightly related to250million farmers’interests, needs to be further perfected. Building a kind of registration of land contractual management, which is suitable to China’s national condition, is related to national effective supervision and maintenance of the farmers’land rights and interests of land resources.There are no clear rules on registration of land contractual management in " The General Civil Law" and "Land Management Law" in our country. Due to the absence of registration of land contractual management, it is possible to establish "Land Registration Rules" To use control based. Although after the "rural land contract law" and "property law" promulgation, the contracting right of land management was considered as real estate right and made detailed rules on its meaning, content and character and also made farmers to long lasted land usage right. However there are still many drawbacks during the process of implementation and design of system. At the legal level, provisions that are separated from the ownership of collective land and the use rights of collective land are established. This leads to the disunification of registration authority, registration effectiveness and registration procedures, which provide the hidden danger for the disputes on land ownership. The relief mechanism on the registration of the right of contracted management of rural land is imperfect, which makes the farmers helpless when a dispute happens.In practice, some factors, such as the village cadres’improper attitude towards registration, the lack of external stimulation mechanism and the backward measuring technique, make the data in the register different from the reality, weaken the enthusiasm of farmers on land investment and increase costs on registration.So with the development of the secondary and tertiary industries, expanding the field of non-agricultural employment, the number of migrant farmers increasing, rural land transfer gradually increased, land rights relationships between farmers’become more complex. Of rural land contract and management rights to register ownership, give farmers long-term stability of land rights, regulate land transfer market, ensure national food security, safeguard the legitimate interests of the parties has become a demand of the times. Through comparative analysis, normative analysis, value analysis method of combining, with the existing theoretical research results and practical real estate registration system as a reference implementation of our land contract and management rights registration system on the basis of theory, current situation and existing problems were more comprehensive studies, and under the existing legislative framework, to explore the important measures to improve land contract and management rights of the registration system.The paper consists of four parts. The first part is began to from the basic theory of land contract and management rights registration system, registration of land contracting right meaning, define to nature land contract and management rights registered to land contractual management registered on the significance of private law and public law, introduces the basic theory about the registration system. It pointed out that an effective regulatory role in national land resources, regulate land transfer market, and safeguard the interests of farmers and other aspects.The second part is describes the status of the land contract and management rights registration system. This includes the provisions of administrative registration in current laws and concludes the current situation of administrative registration in the theoretical and practical circles.The third part is introduces the disadvantages of registration of the right of contracted management of rural land. The problems existing both in legislative terms and practice are included in this chapter and it also analyzes the reasons behind such problems.The fourth part is about the improvement land contract and management rights registration system. The paper proposes some useful suggestions from the perspectives of institutional improvement, administrative management and the relief mechanism.