Analysis Of The Transfer Contract Of Managerial Right Of Contracting Land

For the transfer of land contracted management right involves a tremendous amount of interest, so it has attracted great attention. In order to make the proper solution, legal theorists and practitioners offered a variety of suggestions and strategies. This article is not at a macro-level, efficient reasoning in terms of contractual management transfers, but an analysis from the perspective of contracting management right transfer contract validity. Because judicial and legislative are equally important, and even more important in some cases, the research should attach equal importance to both. Therefore, tidying up on the basis of a large number of judicial decision, extracted a number of peremptory norms affecting the effectiveness of the contract of assignment, from detailed analysis and demonstration of the theory of law, expressed his view, confirmed the transfer of contracts.Full text altogether is divided into five parts, the first part focuses on the collation and analysis of information on the judicial decision. Brief discussions of the finishing of the judgement, detailed analysis of court decisions effect differences with respect to the contract of assignment, and finally leads to analyze specific issues throughout. Second part is mainly theoretical and legislative discussions on the relationship between peremptory norms and validity of the contract of assignment. Firstly, we theoretically comb the research results on mandatory rules; secondly, we discuss from the aspect of legislation evolution and Justice, from that, on illegal contract of effectiveness problem is constantly deepening of; The summary part analysis and summary the exploration of theory and practice, and made has to from specification purpose and specification interests two a aspects, judgment mandatory specification whether effects contract of effectiveness.The third part is the highlight of the paper of which is taken as the entry point of the judicial case as well as the specific provisions for the analysis object to comprehensively take the normative properties and benefits of the "Rural Land Contract Law"into consideration for the judgment in respect of value and benefits. It mainly demonstrate the relationship between the peremptory norms and the effectiveness of the transfer of the contract from four separately aspects. In the first aspect, the relationship between contract issuing party’s agreement and the effectiveness of the transfer of the contract is discussed. Although the law provides that estate of contracted land rights to the land need to be agreed by the contract issuing party, but is not sufficient reason for this provision, is under discussion from two point of perspectives. On one hand, it analyzes what the property changing of estate of contracted land rights will affects contract issuing party’s consent, then discusses the effectiveness of the contract issuing party consent position in terms of the contract. On the other hand, the relationship between the qualification and transfer contract effectiveness is discussed. In the second aspect, it discusses the relationship between the qualification and the effectiveness of transfer contract. On the restrictions of the transferor and the contract issuing party qualification, in case of affect the validity of the contract. In the meantime, reflection of the legislation purpose need to be conducted to judge if it is consistent with changes in law and public policy. In the third aspect, the property and use of land and the effectiveness of land use and transfer of the contract is concerned. Mandatory provisions concerning the property and use of the land is absolutely prohibitive regulations, once breached, transfer contract will be invalid, and also to bear the punishment of public law.The fourth part makes some sound advice legislatively and judicially. First of all, demonstrated theoretically that restriction of transfer the right to contracted management can not achieve the purpose of operating rights of legal regulation. Secondly, legislatively proposed some improving suggestions. Finally, discussed the attitude of the court need to be taken towards cases, interpreting ways need to be adopted. The fifth part, from a macro point of view, make a summary of the text, and come into view of the final conclusion.