Right To The Contracted Management Of Land Circulation Law Studies

It’s important to farmer’s vital interests of the right to the contracted management of land circulation, and is very important for farmers’ survival and development. Otherwise, increasing farmers’ income, promoting rural urbanization, implementing new normal economic development, promoting the upgrading of industrial structure are also inseparable from the right to the contracted management of flow smoothly. The current contracted management of circulation system in our country has not adapted to the demand of the rapidly social economy development, so it’s nessary to respond from the perspect of the main body, content, procedure, relief and other aspects. In this article, through exploring the reform experience of typical region, combining with the actual situation of circulation of right to contract in our country, drawing lessons from foreign land circulation in the beneficial experience of our country, put forward system four aspects of the contract right transfer from the perspect of main body, content, procedure, relief countermeasures.From the main body aspect, through clearing the corporate of collective land ownership and establish supervisory agencies to clarify the collective land property right main body; From the content aspect, discusses the disadvantages of circulation of right to contract subject to consent by the developer and the restrictions mortgage rules, put forward the view to cancel the contract right transfer subject to consent by the develope of this restriction, relieve the limitation on the contract right of mortgage reasonably, and puts forward the corresponding conditions and system design; Improve the transfer ways of the right to contract land, take the inherit, instead of farming into flow range, Discussing the typical example of agricultural professional cooperatives under the henan province village in Beijing, and put forwards the suggestion of promoting cooperative finance operation system; In the aspect of procedure, etiquette the contract right transfer contract, registration system, set up the circulation of intermediaries, land trust centre, take the intermediary agencies for example; Improve the land requisition compensation standard, bring the indirect loss into the scope of compensation; In the aspect of right relief ways, make the land disputes mediation as an important program, strengthen the arbitration of neutrality, strengthen the professional legal relief, to protect the rights and interests of farmers...