The Research On The Elimination Of Identity In The Land Contracted Management Right In China

The word “Identity” can be interpreted into various meanings in different institutions. It is necessary for us to clarify the identity factor of the property right, which were integrated with each other. Obviously, the personal civil right capacity are equal to everyone in the eye of modern rule of law and the identity factor cannot be the obstruct of being qualified for the property right.However, the land contracted management right, which plays an crucial role of Property Law and should have not been confined by the identity factor, could not come into play completely. Logically, such is human nature that the transference of the land ownership in country is negatively affected by it.The paper was aimed at eliminating the identity factor, which confined the the transference of the land ownership, by putting forward some analysis and suggestions of reforming the institution of the land contracted management right. The paper are divided into 6 parts, including the the introduction and the conclusion.The introduction is about the background of the paper.It provides us the essential question of the paper and present the research status of the problem.Still, we shall get the information of the method and the innovation of the paper.The first chapter provides us the definition of Identity firstly. Secondly the framework of the analysis of the civil right and the basis of the emerge of the identity factor in civil right are brought in. Than it provides us several patterns of the integration of the the identity factor and the property right.Finally we analyze the specific implications of the identity factor in these patterns and make a comment of the rationality of it.The second chapter demonstrated the legal bases of the land contracted management right from the scope of history and present,which is so called the collective land ownership. It provides us the emergence of the identity factor of the two rights and indicates the double attributes of the rights laying on the land contracted management right.The third chapter mainly discuss the necessity of eliminating the identity in the land contracted management right on the scope of the Right modernized, peasants civilized, plow land changed into farmland and the property of the land capitalized.The forth chapter begin to make a comment of the transference of the land ownership patterns.Than we use the the definition of juridical person to reform the the collective land ownership and eliminate the identity,so as to clarify the subject of right.To sum up,we create the function of eliminating the other identity factor of the separation of the essence of the land contracted management right by means of referring to The Land Tenure System in the UK and the current situation of the land right in China.