Research On Withdraw System Of The Rural Contracted Management Of Land

The withdraw of the rural contracted management of land right is gave by the law to the subject of collective land ownership, the subject of collective land ownership is to fight the management of land by it, it is a legal means to protect collective land ownership, to solve the problem of rural adandoned land and at the same time realizing the fair distribution of rural land resources have positive role. Although the withdraw of the rural contracted management of land have made clear provisions in related laws, but about the withdraw of the rural contracted management of land in these regulations, the lack of the foundation rights, withdraw elements, the process and the legal consequences of the withdraw, this will lead to the subject of collective land ownership in the implementation of specific recovered in a lack of clear legal guidelines, proper can not use the rights to protect the collective land ownership; On the other hand may also damage the profits of the contractor in the withdraw, in the countryside, often dominated by village cadres to take back the contracted land, and the lack of the supervision of the collective members, it is likely some village cadres to seek illegitimate interests, to take back the contractor illegally or to damage the others interests of the contractor in the process of the withdraw,to decrease the unnecessary disputes. first chapter is the introduction which mainly introduced the selected topic background and significance of right to the contracted management of land back, right to the contracted management of land back to solve in current rural the phenomenon of adandoned land,actualizing the contracted land within the fair distribution of the collective members, which is also necessary to strengthen the collective land ownership status. The second mainly introduces the basic theory of the right to the contracted management of land back, including the concept of the withdraw of the rural contracted management of land right, characteristic, the foundation of rights and the property rights. The third mainly introduces the right to the contracted management of land withdraw elements, including the withdraw of subject, the withdraw of the object, the main content of the withdraw and the reasons of the withdraw. The fourth mainly introduces the application of the contracted management of land back, which mainly includes the startup program, execution procedure and the public.the fifth mainly introduced the legal consequences of the withdraw of the rural contracted management of land, puts forward a new viewpointof the elimination theory, think about the elimination of the management of land,keep back the right to contract land,the rights content between the the subject of collective land ownership and the contractor have caused the corresponding changes. it is necessary to improve the withdraw syetem of the rural contracted management of land right as soon as possible, make the perfect right to the contracted management of land reclaim system can safeguard the interests of the collective land ownership, also can maintain the contractor’s rights and interests in the withdraw, give full play to the function of the the withdraw of the rural contracted management of land right.