| Since2004, the land circulation has been gradually known, and before that, the landcirculation had been spontaneously carried out on small scale in some areas. Until today, thecountry’s attitude to the land circulation has changed from observation to support andencouragement, which further stimulates the development of land circulation.The emergence and development of land circulation is based on the background of landproperty rights system reform. As our current household land contract responsibility systemhad experienced nearly30years’ development, its early set, which generated the incentive,has been offset gradually along with the evolution of economic marketization reform. Thedefects of the system itself is amplified with the development of economy, the development ofrural economy has been greatly restricted. Many people have realized this clearly, and studiedon the theory and practice of the improvement of the farmland system.The Chinese three-dimensional rural issues have always been the hot spot in the center,and it is the key point in industrial structure upgrade. The root of the issues of agriculture island, and agricultural land scale, which is the key to solution, has been acknowledged by thetheoretical circle. But due to the historical reasons, our country’s rural land which is owned bythe collective system has not changed, and played an important role in practical productionand living. So the land reform has great path dependence, and can not be simply denied. Landcirculation is a good place to start on how to combine scale management with the existingrural collective land ownership. Since2013, the land circulation has become the focus of thecentral rural work, a land approval is underway at a wide range. However, because of theshortcomings of current land property rights system design, the related legal system is notperfect, presented in the ambiguity of the main body of land property rights, and theinsufficiency of rights and power of land property, which impact on the development of land circulation and land property right system reform.This paper summarized the relevant laws and regulations about current land circulationsystem, analysis of the current land circulation situation, from the property right system andthe relevant land circulation system of land circulation exalted the promotion and restrictionfunction of the existing system; at the same time, it summarizes the successes and problemsabout the land circulation system of other countries and regions, used for compare the existingland circulation system with China, and experience lesson from other countries and regions inthe land circulation system construction. Synthesize the contents of two respects, to improvethe system of our country land circulation in put forward constructive suggestions.Comprehensive history and reality of experience can be seen that the ownership of land andseparation, establish and perfect the land use right transfer of market system, conform to thetrend of the development of the agriculture, to promote the development of rural economy.Due to the dependence of reform path, the reform which is based on the original systemcan improve the maximum success rate of the reform and reduce the risk of reform at thesame time. And there is room for collective land ownership to consult and improve, thesystem itself still has great flexibility. Because of this, this thesis tries to probe on the basis ofthe unchanged collective land, by introducing the mature market economy legal system, toclear the main body of land circulation, enrich the power of the right to the contractedmanagement of land, standardize the land circulation process, strengthen the supervision ofland circulation, establish the land circulation dispute coordination mechanism, the landcirculation behavior into the existing relatively perfect legal system of market economy, whilemaintaining the unity of the rule of law to the further development of land circulation at thesame time. |
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