The Problems Of The Rural Collective Land Use Right Transfer

As early as in 1988, our country is in the form of amendments to the constitution determines the "land use right can be in accordance with the flow" this principle, can be seen as a socialist country in China, is approved in accordance with the transfer of land, as an integral part of the land use right in our country, the improvement of the right to the contracted management of land circulation system and is related to the vital interests of the farmers is the most basic. In 2014 alone, the important of farmland changing related to the newspaper story has more than 1500 articles, local newspapers and journals published print more, the number of reports of farmland circulation only judging by the number would be enough to see its importance in society. On November 20,2014, general office of the central committee of the communist party of China, issued by the office of the state council "about guiding rural land management rights transfer with the opinions of the development of moderate scale management of agriculture", after the fourth plenary session of the 18th, comprehensively deepen reform under the background of era, the development of the legal system of our country land use rights transfer ushered in a new opportunity.In our country such a traditional agricultural country, in-depth study of collective land use right transfer rule and our country’s current problems, as well as the status quo of rural collective land use right circulation in our country still has theoretical and realistic significance, to our country the nenjiang county of heilongjiang province as an example, analyzed the existing problems in the contracted management of rural land circulation, by discovering problems, ask questions, to solve the problem, guided by the field survey data, through example find belongs to the path of rural collective land use right circulation in our country, puts forward some countermeasures for the improvement of the more realistic, and promote the right to the contracted management of land circulation system innovation, give the soul of the farmland flow.In this paper, based on field investigation and consulting a large number of literature, the problem of rural collective land use right transfer certain research, the article is divided into five parts:The first part expounds the general situation of the rural collective land use right transfer. From rural collective land, collective land use right, right to the contracted management of land, such as the concept, characteristics and scope, the different classification of right to the contracted management of land, explains the connotation and denotation of collective land use right transfer mainly from the legal nature and the system design based on the analysis of features of collective land use right transfer, and then concrete analysis in the practice of our country law and of all kinds of collective land use right transfer way, to the contracted management of land circulation of the argument defining the object.The second part is on the basis of the first part, to our country the status quo of rural collective land use right circulation were analyzed. To our country existing relevant laws and regulations and policy text analysis and comb, to the efficiency of the longitudinal hierarchy and sorted out two aspects of historical development, in order to see the focus and trend of the existing policy. In straightening out existing regulations in China, on the basis of analysis of the present stage our country the characteristics of the right to the contracted management of land circulation, then through collecting statistical data, analysis in recent years the reality of our country’s right to the contracted management of land circulation, to prepare for the next question. Then this part through nenjiang county research specific data to the problems existing in the present land circulation, and the direction of land circulation and characteristics of the nenjiang county, through reading literature, etc., in nenjiang county as an example from the preliminary achievements of rural collective land use right circulation in recent years, the collective land use right transfer of our country has a more intuitive understanding.The third part is based on the current situation of our country, summarizes current main problems of rural collective land use right circulation, and analysis to the contracted management of rural collective land circulation of the main problems. Through comparing policy law points out that China’s right to the contracted management of land circulation in a subject in the ownership of land, and the current restrictions on various circulation way too much, hindered the large-scale production of agriculture, at the same time, due to the time of our country land circulation market is not long, the land circulation market development lags behind, the land circulation mechanism is not sound. According to the research situation, through certain data presents the nenjiang county land circulation problems, the problems in land circulation through the analysis of the problem.The fourth part is based on the content of the above, the author puts forward some Suggestions for the transfer of rural collective land in, from the system construction and the standardization of the circulation market suggest a more specific aspects of the superstructure. At the same time, and the rural collective land conversion of matching the social security system should be also must reform and perfect further. Finally rests on the strengthening of the government service function, reduce the decentralization, the introduction of intermediary institutions to participate in land circulation, such as risk assessment and contract review, true safeguard farmers’ land rights and interests, constantly seeking the standardization of the farmland circulation, scale management pattern, safeguard farmers’ quality of life, will put forward concrete Suggestions to perfect the land use right transfer of nenjiang county in the paper.