Study On The Succession Issues Of Right To Land Contractual Management

Complete and full property right attribute is to ensure the transaction’s security, it is premise, if it can’t be inherited, the property rights will be incomplete. The right to land contractual management as a category of usufructuary right, to truly implement efficient flow, the law must allow their succession. Today, it has become an acquiescence in farmers that the practice of the succession of right to land contractual management, but as a standard and adjust the civil relationship of the civil law has not made specific provision, it is inevitable that cause a theoretical discussion. By analyzing the existing theory viewpoint in the paper, the writer put forward his understanding of the succession of right to land contractual management, in order to be able to provide reference for a new round of land system reform and succession law rebuilt.In this paper, the first part introduces the law and policy related to the succession of right to land contractual management. Our country law distinguish between three types of land, namely family contracted farmland, woodland and other household project contracting “Si Huang” land. Generally, on the question of the succession of right to land contractual management in specification, as far as “Si Huang”land and family contracted forest land, due to its particularity, have achieved effect of succession of right to land contractual management by continuing to contract. And for the purpose of this article research object ——right to contractual management of family contracted farmland is not clearly defined, whether can success not definite conclusion yet.The second part demonstrates the necessity of the succession of right to land contractual management. In my opinion, the succession of right to land contractual management not only meets the needs of the development of agriculture, but also conform to the farmers to expand the land rights and interests, at the same time, no matter from the “land stability effect” caused by land economic benefit, or from the safe and efficient land circulation, admitted to the succession of right to land contractual management can bring social value, is the so-called “noticeable realists’ perseverance”.The third part, as a key article, analyzes the feasibility of the succession of right to land contractual management. Based on the stage of initial distribution and redistribution, the author explore the nature of right to land contractual management, the main body, time limit, reality one by one, in order to get the result that right to land contractual management had no personal specificity in circulation on redistribution stage, that the “family contracting enterprise” is the form the main body, essence of subject is the individual members. At the same time, The central policy shows that right to land contractual management deadline has been “permanent”. in order to further support the reality of succession, the author discusses the “continue the contract” and “succession” the connotation of consistency. From what has been discussed above,The author believes that such in land circulation phase, we shall follow the usufructuary right attribute of the right to land contractual management, guided by the principle of owership circulation and succession, allowing circulation of succession of right to land contractual management. In addition, in this part, the author will views on some of the negative can be inherited, such as the impact of land occupied, hinder fair identity and social security function, etc.The fourth part mainly discusses the construction of system of succession of right to land contractual management. The author not only puts forward the principle of succession of right to land contractual management, and to inherit the starting time of the scope of subject, as well as the constraints of limited purpose and time limit are analyzed. At the same time, This part will be a summary of the four different types of succession form of successive, and further discusses inheritance may meet some special problems. The author not only put forward his views to avoid land fragmentation, and combining with the succession law system, analyzes the feasibility and attention of right to land contractual management be used for the legacy debt.