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Right To The Contracted Management Of Land Circulation Research

Posted on:2015-10-23Degree:MasterType:Thesis
Country:ChinaCandidate:S OuFull Text:PDF
GTID:2296330467965253Subject:Civil law
Abstract/Summary:PDF Full Text Request
Land is the human survival and development of the important natural resources, real estate is important. Land can not only maintain the survival of mankind, but also for maintaining social stability is of great importance. In the history of our country is an agricultural society, as the basic elements of agricultural production and farmers in agricultural society, an important property of land has important social value and economic value, therefore, to establish a reasonable right to the contracted management of rural land circulation system, to achieve the optimal allocation of land resources, it is imperative to improve the efficiency of agricultural production. Right to the contracted management of rural land circulation is the inevitable result of social and economic development, to promote the development of agricultural production, promote the scale management of agricultural production, alleviate less than one, to realize rural labor transfer and optimize allocation of land resources is of great importance. But over the years due to China’s farmland efficiency low, the land circulation value is too low, the information is not smooth, farmers lack of perfect social security and legal system is not sound, the influence of such factors as the contracted management of rural land circulation has not been smooth development. This situation restrict the development of agricultural production scale, influence the process of urbanization.Besides preface and epilogue, this article is divided into five parts:The article is the first to the contracted management of rural land the derivation of the thesis. The contracted management of rural land circulation is introduced the research background and status quo of the problem. First through the introduction to our country land system reform process, clear to the contracted management of rural land development, then introduce research about land circulation system at home and abroad, looking for reasonable and effective experience of the development of the rural land circulation system.The second part description is an overview of the contracted management of rural land. Farmland is introduced in this section, first, the concept of the collective, and analyzes the problems of collective ownership. Then introduces the most important right to the contracted management of rural land circulation flow and the flow of the concrete way, mainly includes: subcontract, transfer, lease, investment, etc.The third part is the right to the contracted management of rural land circulation of the value orientation of legal adjustment. First is the efficiency value orientation, the efficiency value orientation is the basic value of rural land legislation. Establish the efficiency value orientation, to realize the free circulation of the right to the contracted management of land is helpful to arouse the enthusiasm of the rural land ownership of production, improve agricultural productivity, promote the development of productivity. The second is to establish a fair value orientation, in the implementation of right to the contracted management of rural land circulation at the same time, must pay attention to the interests of the land circulation the original contractor guarantee, so on the one hand, to maintain social stability, on the other hand also can promote of expanding the range of right to the contracted management of land circulation.The fourth part describes the factors that affect the contracted management of land circulation analysis, including economic factors, policy, legal and social factors. Economic factors refer to the contracted management of rural land circulation value is low, farmers’ little incentive to transfer, and the uneven distribution of land resources, the barren land difficult to achieve. Policy and law factors refers to the policy of our country law has many limits to the contracted management of rural land circulation, such as ownership system and restrictions on transfer deadline. Social factors mainly refers to in the process of land circulation, the farmers’ rights and interests protection is still not enough, the dominant land circulation of the mediation system is not yet perfect, farmers are difficult to obtain accurate and adequate flow information. The fifth part describes is the improvement of the right to the contracted management of land circulation system, the first is to perfect the legislation, establishing a stable relationship of land contract. Second, build system of rural land circulation subsidies, safeguard the rights and interests of farmers. Again is to establish evaluation system of rural land circulation market prices and makes the circulation of rural land management rights in accordance with the principle of equivalent exchange, to achieve the original contract land farmers’ best interests.
Keywords/Search Tags:The right to land contractual management, land system, collective ownership, rights protection
PDF Full Text Request
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