Legal Study On The Transfer Of Land Contractual Management Right

The family-contract responsibility system has been established in the Third Plenary Session of the11th Central Committee of the Communist Party of China. Over the past thirty-five years,the face of rural was completed changed,farmers’enthusiam was inspired,and agriculture of our country was promoted rapidly under this basic rural land system.But with the development of agricultural productivity,specialization, industrialization and scale operation of agriculture has become an inevitable trend.The family unit business, small scale and rough production management pattern has seriously restricted the agricultural development.Therefore,the contracted management of rural land conversion is the trend of The Times.The right to the land contractual management in circulation mainly involved main body of the transfer transfer methods,transfer contracts and the ownership of the land requisition compensation and allocation problem after the land use circulation. Main body of the right to the contracted management of land circulation includes rural households and other units and individuals. Rural households should be regarded as a new type of civil subject.The legal relations between the members of the rural households should be distinguished the relationship and other relations.The family members’relationships should be regarded as co-ownership.Joint co-ownership-in-common relationship is suitable for couples, Quasi co-ownership by share relationship is applicable to other members of household.There are many disputes among the transfer meathods of the land use right, especially demise,mortgage and investment,which are the key areas of the third plenary session of the eighteenth.It is necessary to coordinate the provisions of the existing laws and policies for the not exactly same regulations.The existing transfer methods should be classified as well as the excess and overlapping circulation way also should be removed.In particular, demise,mortgage and investment should be breakthrough the limitation of existing and keep pace with the times to meet the needs of reality. It is necessary to regulate the circulation of right to the contracted management of land contract. In practical terms, we should from contract content and form aspects to strengthen the standardized management of the contracted management of land transfer contract. When collected after the land use right were trsnsfered, the ownership of the land requisition compensation and allocation problem can be perfected from two aspects:first, compensation object shall be determined according to the flow methods’nature, and second, from the specific compensation to determine the cost and compensation for attachments to land ownership and distribution.