Research On The Legal Issues Of The Transfer Of The Cultivated Land Contracted Management Right Of China

In January 2014,the file "Several Opinions About Comprehensively Deepen Rural reform to Accelerate Agricultural Modernization ", what was issued by the central committee of the communist party of China and the state council, cleared the direction and the point of the reform--About the management rights to the contracted land, it must be insisted on the premise of protecting the cultivated land, "To give farmers the right to possession, use, income and transfer about the contracted land, and the right to mortgage and warrant about the right to the contracted management of the land", further allowing flexibility of the contracted management, eased the circulation policy about contracted management of rural land in China.As the most important part of the rural land, cultivated land is the material basis for the production of human food to meet the basic survival needs and to develop agricultural production and create social wealth, it is fundamental to the survival of human resources and conditions, and it also makes sure the food security, the social stability and the ecological environment in our country. In flow on the right to the contracted management of land, cultivated land and rural land has obvious similarity, but as a land what is specific for cultivation of crops and farming,and can normal harvest,it must get special protection and be limited by various inevitably in circulation. This article mainly discuss the legal issues in the right to contracted management about the cultivated land in our country, to begin with the analysis about the nature of cultivated land in our country and the concept of cultivated land contracted management circulation, and to review the definition of scholars about the nature and the right to the contracted management and combing the relevant legislation of cultivated land contracted management concept, so as to accurately grasp the basic properties and characteristics of cultivated land contracted management in our country. The combing,summary,classification and comparison about the existing laws and regulations about the right to the contracted management of rural land circulation which will point out the main contradictions between laws and regulations, the equaling registration system and the transfer content is not perfect, and so is the flow system,and so on. Based on a lot of literature about right to the contracted management of rural land circulation research and comparative study, integration of academic point of view, and combining the reality of the contracted management of rural land circulation in our current country,on account of the legal problems of China’s current land contracting right of management circulation, rational recommendations and suggestions is presented in this paper to improve the legal norms, unified publicity, implementation of contract management and certificate issuance, and to improve the supporting system.