Research On The Transfer System Of Rural Land Contract And Management Right

Since the ancient times, the rural problems, especially the rural land problem is the key to the rulers of social governance. Since the establishment of People’s Republic of China, the rural land system, especially the establishment and improvement of the transfer system of rural land contract and management right has experienced lots of reform and also has constituted many laws and regulations, which vigorously promoted the development of the productivity in the countryside. However, since the new century, with the development is speeding up its pace, the rural land transfer system in the existing laws and regulations is not suitable for the actual situations of the current It not only can no longer meet the needs of the development of the productivity in the countryside, but also causes a series of problems, such as the severe land resources waste, the limit of the farmers’ income increase and the dilemma of the development of rural economy. Given this, through the analysis of the problems existing in the transfer system of rural land contract and management right, this essay hopes to put forward some better suggestions on the rural land transfer system in China.This essay is divided into four parts, as follows:Part one is to elaborate on the related theories of the transfer system of rural land contract and management right mainly includes the concepts and characteristics of the transfer of land contract management right, the related theories of land, theoretical analysis of the transfer system and the necessity of transfer, which can lay the theoretical foundation for the following discussions.Part two is to analyze the current situation of the transfer system of rural land contract and management right besides its practical problems and reasons, which is to prepare for raising better suggestions. Firstly, the current situation of the transfer system includes existing legis lation and the present operation situation of the transfer system of rural land contract and management right. Secondly is going to analyze the practical problems and reasons of the transfer system of rural land contract and management right.Part three, simply introduces the relevant land systems in foreign countries, including Germany and Japan which belong to civil law system, Britain and American which belong to Common-Law System. Summing up the advanced experiences of them and maybe available to dra w upon for our improvements of the transfer system of rural land contract and management right.Part four is the most important part of this essay, which is to put forward better suggestions to improve our transfer system of rural land contract and management right. Through the analysis of basic concepts, relevant theories, current situation, practical problems and causes and the summary of the foreign experiences, the author puts forward his own proposals. Hope it useful for the improvement of the transfer system of rural land contract and management right in China.