The Research On Laws Of Circulation Of Contractual Operation Right Of Rural Land In Our Country

Right to the contracted management of land as a kind of real right on right, its circulation has the necessity and feasibility, but because of the law of right to the contracted management of rural land has too many constraints, combined with theoretical research and legislative practice of law of hysteresis, seriously hindered the land contract and the rights of freedom. For land conversion circulation forms from the analysis on legal nature of the more, and less from the perspective of the whole system to grasp, and lack of concern for the interests of the farmers after the transfer, in the circulation in the process of how to coordinate the interests of the state, the collective and individual tripartite balance, some scholars only a generation, lack of the corresponding perfect countermeasure, is short on the system innovation.In view of this, this article first from the perspective of the definition for the concept of right to the contracted management of land circulation, through changes in the system of right to the contracted management of land circulation, analysis the attribute of real right to the contracted management of land. And then to analyze the meaning and value of the contracted management of land circulation, for the right to the contracted management of land circulation to provide realistic basis and theoretical support.Section in the second part is the focus of this article, the current rural contracted land in transfer process through the dilemmas facing, its core is how to reconcile contradictions the optimized allocation of land resources and the relationship between the social security function of land, emphatically discusses the extent of the attribute of real right to the contracted management of land, transfer does not flow, as a result of scientific subject rights and interests protected, land circulation after prone to disputes.Third, aiming at the problems above, puts forward reasonable Suggestions, comprehensively discusses the defects in current law reform, through the perfect rural social security system construction to speed up the process of rural land circulation.