The Research Of The Rural Land Contractual Management Right Of Jining

Land is the basic factor of agricultural production and the guarantee of the farmers’lives, under the circumstance of the land owned by public, how to invigorate the circulation of rural land contracted management right of land circulation market, widen the channel of land circulation have closest relationship with the realization of the farmers’ rights and social stability of the country. Only assure the free circulation of the Rural Land Contractual Management Right can realize the scale business of the rural production and make the rural production not only fulfill the self-sufficient type of the survival need, but also relate to the whole social market economy. Thus China’s rural economy can walk on the way of socialization and industrialization.The circulation of the rural land contractual management right provides enough space for the profound developing of the agricultural production. The scale operation is the key way to help the agricultural production become scientific and modern. Practice shows that under the premise of the respecting the farmers’willingness fully and guaranteeing the farmers’ interests, carrying out the system of the rural land contractual management right can make the rural land concentrated relatively and provide the precondition to the agricultural scale operation thus make the socialism new rural construction and the agricultural modernization come true. Besides, the circulation of the rural land contractual management has many realistic meanings, e.g. It is beneficial to the optimization of the land resource configuration, improvement of the efficiency of the agricultural production; it is helpful to the promotion of the urbanization of rural area and rural economic development.In this paper, the literature material law, case analysis, comparative laws have been used to analyze the rural land contractual management rights comparative systematically. Firstly, the relative theories of related to the circulation of the rural land contractual management right and the definition and content and form of the circulation of the rural land contractual management right the have been interpreted. Second, the current situation of the circulation of the rural land contractual management right in Jining, including the economic benefits, social benefits, and typical cases have been analyzed thoroughly and the features and problems of the circulation of the rural land contractual management right Jining. Then, the restricting factors such as the legal factors, economic factors, institutional factors, and ideological factors, to the circulation of the rural land contractual management right in Jining have been analyzed. Lastly, the measures used in order to improve the circulation of the rural land contractual management rights have been put forward.Through analysis and research, the following results are summarized:(1) The circulation of the rural land contractual management right is a large and systematical engineering. Under the current situation, it is very meaningful to improve the work of the circulation of the rural land contractual management right. Strengthen the circulation of the rural land contractual management right is helpful to realize the scale operation of the agriculture and improve the intensive level of the agriculture; it is helpful to give the farmers real independent right and protect the farmers’rights effectively; it is helpful to realize the resource utilization and improve the use efficiency of land; it is helpful to promote the urbanization of the rural area and promote the rural economic development.(2) In recent years, the circulation of the rural land contractual management right is going fast, the work of the circulation is developing according to the different situation, the land circulation pattern that takes the subcontract as the main way, swap, rental,transfer as supplements has been formed. It has the following features:the circulation area is expanding year by year, the circulation types is developing variously、the main body is diverse、the circulation benefits improves obviously、the construction of the circulation service system has large development、the land crop proportion is dropping.(3) The circulation of the rural land contractual management rights produced quite good economic benefits, but also has the following problems:the circulation develop unbalanced、the circulated behavior lacks regulation、the circulation scale is too small、the concentration degree is not high、the circulation mechanism is not perfect、the land disputes often occurs、there are some farmland conversion phenomena.(4)The circulation of the rural land contractual management right is influenced by many factors.1.Legal factors:the legal system is not perfect、the certificate of land contractual management right is reissued slowly, the law consciousness of the grass-root cadre is not strong;2.Economic factors:the farmers’ income is low、it is difficult for farmers to finance;3. Institutional factors:excessive administrative intervention、government guidance service is not enough、the problem of land circulation duration;4.Ideological factors:the rural basic cadres cannot realize the importance of circulation、the mass basis is not stable;5.Market factors:the market mechanism is not sound; the government does not support the market enough.(5)In order to improve the circulation of the rural land contractual management right, the following principles should be followed:hold the principle of "legally, willingly, paid";hold the principle of "three don’ts";hold the principle of "concentrate, lace, scale";hold the principle of "guidance, management, standardization ".(6) To improve the circulation of the rural land contractual management right can use the following main measures:1. Establish the modern rural land property system, make clear the ownership of subject and power;2. Establish perfect land contractual management right mechanism, realize the sustainable utilization of land resource;3. Based on the reality, improve the circulation of the rural land contractual management right according to the different situations gradually;4.Strenghten the cultivation for the intermediary organization of the circulation of the rural land contractual management right, fulfill the circulation market system; Establish arbitration agency and management agency for the transaction of the circulation of the rural contractual management right and safeguard the rights from every aspect;6.Search the mode of the rural land contractual management right actively, promote the circulation of the land share cooperation system;7. Strengthen the publicity of circulation of the rural land contractual management right, mobilize the farmer masses’ enthusiasm and initiative to the circulation of the rural land contractual management right. (7)To improve the circulation of the rural land contractual management right can use the matching measures:first, break the urban and rural barriers, perfect social security system, let the farmers who t v erred their lands do not worry about themselves; second, increase the strength of training to the farmers; third, fasten the process of the industrialization and standardization of agriculture.