The Exit Of On The Problem Of Contractual Right Of Land

The right to the contracted management of rural land circulation，for its help tocompensate for the defects of the system of rural land in China,have getting more andmore attention from scholars. The problem of Exit of Right to the contractedmanagement of rural land in make up for the defects of the system of rural land landin China, have not get enough emphasis by the academe. The author through toresearch the relevant provisions of the current laws and regulations and the practice ofsome local government, have found that there are many problems about Exit of thecontracted management of rural land either at the legislative level or in the practicallevel, and it need to be resolved through the system research. The author hope thatthe analysis help to solve the exist problem of Exit of right to the contractedmanagement of rural land.This paper will be divided into four parts:The first part is about the basic problems of the Exit of right to rural landcontracting management. this part first defined the relevant concepts of the Exit ofright to the contracted management of land, in order to clear the connotation of theExit right to the contracted management of land. And then from the right to thecontracted management of land withdrew from the two aspects of the necessity andfeasibility analysis of the construction of right to the contracted management of landexit mechanism is of practical significance.The second part of our country law about the provisions of the right to thecontracted management of land exit and defect. This part, first of all, to the laws andregulations about right to the contracted management of rural land exit in the text ofthe defect was analyzed, and believe that the current laws and regulations of theprovisions of the right to the contracted management of land exit defects are: legalconcept is not accurate, lack of procedure value and it is difficult to respond to theneeds of the reality. And then analyzes the right to the contracted management of landout of the related system of shortcomings. These deficiencies in: absent subject incollective land ownership, and the lack of agricultural land price evaluation systemand the system value target and implementation effect.The third part is the practice and enlightenment of the right to the contracted management of land exit. This first section is the analysis about Chengdu WenJiangarea’s policy of "double giving up" for social security, I think the way of guidingpeasants voluntarily to withdraw the right to the contracted management of land iscommendable, but the approach,which is dominated by the government of ChengduWenjiang area, has huge potential risks; And its reasonability of "take the land to thetown" still doubtful. The second section analyzes the Chongqing’s "take land inplace for the household registration", and think the way has the plight of farmers’voluntary right of exit and there is doubt about the legitimacy of the policy of "takeland for social security" problem. The final section analysis the policy of Jiaxingcity,Zhejiang province,and think the fairness value can be protected in the process ofexit of the right to the contracted management of land, but the way have high cost inoverall consideration.The fourth part is about perfect the mechanism of the right to the contractedmanagement of land. This first part analyzes the principle of the Exit of right to thecontracted management of land,it should include: the fair principle, the principle ofrespecting the farmers’ land rights and the principle of overall consideration. And thenanalysis the specific ways of improving the mechanism of the Exit of right to thecontracted management of land, and think that it should to reform the system of themain body of collective land ownership, and complete the provision of the right to thecontracted management of land and the exiting reason. Finally the author thinks thatshall establish agricultural land price evaluation system, perfect for withdrawal of thefarmers’ social security system and the farmers re-employment training system, fromthese three aspects to perfect related supporting system of the right to the contractedmanagement of land.