The Law Of Right To Contracted Management Of Rural Land Circulation To Explore

Right to the contracted management of land is an important system of real right in our country, the identity of the law on the contracting body has strict restrictions.As an important property rights, right to the contracted management of land to apply the needs of the market economic system reform. To build modern agriculture, develop rural economy, increasing farmers’ income, to speed up the implementation of new socialist countryside construction, must reform the current to the contracted management of rural land system. Right to the contracted management of land reform in the first step is to clarify land property rights system, property rights system is not clear land internships that are difficult or impossible to smoothly transfer, also it will be difficult to raise farmers’ land circulation. Get right to the contracted management of land circulation mode of different contract law to make different provisions, to get right to the contracted management of land circulation by other means fewer restrictions, allowing the transfer, lease, exchange, mortgage, in circulation. But for household contract right to the contracted management of land circulation is the limit too much, only allow the transfer, lease, exchange, law doesn’t allow the mortgage and become a shareholder, legal restrictions on family right to the contracted management of land circulation, not only limits the land scale management, depriving farmers households financing opportunities. To the contracted management of land circulation, in the legislation also experienced a never admits to gradually acknowledged and established flow long evolution process. Based on the survival of the land safeguard function, to collect and merge land free flow may lead to social problems, such as fear, in the legislation to set a limit on the number of right to the contracted management of land circulation. So the theory and practice are in constant circulation mechanism of household contracted management of exploration. Change in the system of right to the contracted management of land circulation, marked China’s right to the contracted management of land circulation system in our country now is still in the start stage, compared with foreign mature farmland circulation system lack of can draw lessons from the experience of the mode, to the national legislature absorbing the foreign advanced experience, but also according to the actual situation allowed around to explore unceasingly. Across the country are on the right to the contracted management of land circulation to the various forms of practice innovation, around the problems in the practice of innovation and growing, we need to continue to in-depth theoretical research and practice of system innovation to solve and improve. Around the author according to the investigation and study, summed up some personal opinions, hope can to the exploration of the contracted management of rural land circulation system in China and improve to provide some beneficial attempt.