Study Of Rural Collective Land Use Right Transfer Issues

The Land,which is the most important human society production and life material, is thelifeblood of farmers and the core of China’s agriculture. The rural collective land conversionis the inevitable outcome of the current of economic development in our country. Thecontracted management right of rural collective land circulation refers to subcontract, lease,investment, exchange, transfer or other ways. Land circulation in this article only refers to thecirculation of rural collective land use right.The farmers of land use rights, in the nature ofland ownership and established land use cases, according to his own willing, will transfer thecontracted management of land compensatively to other people or organizations in orderto seek higher economic interests by subcontract，lease，exchange，transfer，stock cooperationby law.From2004to2013, the central government has issued10copies of the “three rural” asthe central theme of “No.1”documents, and strengthened the important status of “three ruralissues”.“The decision about promoting rural reform and development of several major issue”points out:“we should strengthen the management and service of the transfer about the rightto land contractual, establish and improve the circulation market for contracted managementof land, allow farmers to transfer the contracted management of land by subcontract, lease,exchange, transfer, stock cooperative forms in accordance with the law and on the voluntaryand compensatory principles, develop various forms of moderate scale management, such asprofessional investors, family farms, farmers’ professional co-operatives scale operators, etc.in conditional place”. This fully shows that the central government affirm and support therural land circulation, make the land circulation find the development direction and policybasis.“The Constitution” and “The Land Administration Law” in our country havespecifically provided that land use right may be transferred according to law”,“The LandContract Law” has also provided the contracted land circulation specifically.It’s the objective requirement for the development of modern agriculture to promote ruralcollective land use right circulation, to adopt moderate scale management. It’s also theimportant practical significance for promoting rural labor transfer and increasing farmers’income to promote socialist new rural construction.In this paper, according to asking questions, analyzing and solving problems of logicthinking, from macro to micro and to macro methods, the author discussed various exposedproblems about how to crack the rural collective land use right circulation. This subject hasII discussed the research background, significance and research status quo, and defined theconcept. The paper discussed the present situation of the circulation of collective land useright in our country, analyzed the problems existing in the rural collective land use rightcirculation and effective practice in the rural collective land use right circulation in Tengzhou,Shandong Province.Under the premise of policy existing laws and regulations, the authorputs forward countermeasures and suggestions to perfect rural collective land use rightcirculation in our country.