Study On The Legal Regulation Of The Circulation Market Of Rural Land Contractual Management

In recent years, The speed of the development of China’s rural economic sustained and rapidly. The value of land in rural areas is increasing. Rural land as the farmers’ basic resources and factors of production, it’s necessary to make optimal allocation of science. While, it is an important means of putting the contractual operation right of rural land into market circulation. That are of great significance of increasing farmers’ incomes, arousing the enthusiasm of farmers, protecting the rights and interests of farmers’, promoting the development of rural economic, promoting the urbanization process, maintaining the stability of social in rural areas, and ensuring national food security.Right now, in the vast rural areas, the circulation activities of the contractual operation right of rural land are becoming increasingly frequent. The means of circulation activities are becoming more and more diverse. The circulation activities of the contractual operation right of rural land has to become an inevitable trend. Especially now our country are in economic transition, we should make sure that the circulation activities of the contractual operation right of rural land is in order and normatively. So it is necessary to establish and improve the relevant laws and regulations of the market construction, and combine and legislate the subject of transfer market management, dispute resolution mechanism. However, due to the law of the circulation activities of the contractual operation right of rural land contradicted each other, and the provisions on circulation mode is not perfect, and there are much restrictive regulations in laws and policies of the circulation activities of the contractual operation right of rural land, and many other factors, the circulation activities of the contractual operation right of rural land has encountered many obstacles. There have been many sorts of problems.Therefore, we must establish the law system of the circulation activities of the contractual operation right of rural land. First, We should clear the basic principles that must be respected in the circulation, such as the principle of equality, the principle of paid, the principle of free, the principles of development, the principle of adhering not to change the use of agricultural land, the principle of circulating within a period. Playing the media function, coordination function and complementary function of the transfer principle. We should develop and improve the relevant laws and regulations, explore means of circulation. Secondly, We should improve the circulation body of the circulation market, clear the circulation body, the service body and the regulatory body. It’s necessary for us to compliance with market operation and management system strictly, including the registration system, the contract system, market price support mechanism, incentives mechanism and market withdrawal mechanism. Finally, make use of a variety of remedies flexibility, establish the dispute settlement mechanisms and the system of accountability. To protect the freedom and healthy of the circulation activities of the contractual operation right of rural land, to prompt the labor factor allocate reasonably, and to optimize the allocation of land resources.