On Inheritance Of The Right To The Contracted Management Of Rural Land

Usufruct belongs to the category of property, may become the subject of inheritance. "Property Law" clearly provides rural land contract and management rights as a usufruct. This means that the rural land contract and management rights should be able to be inherited as a legacy. However, given the rural land contract and management rights have welfare and social security function, "Law of Succession" does not define the rights of rural land contract and management rights in itself can be inherited. Vague and evasive on the legislation, has caused widespread controversy academia, but also to bring judicial practice concerns. With the apparent value of the property right to land contractual management, and litigation and disputes across the country because of succession issues arising from the increasing number of "contract management rights inheritance disputes" has been classified as rural land contract judicial interpretation of the five types of civil disputes First, the need to be clear in theory, to respond to the problem. In addition, individuals inherit not only about the protection of the interests of farmers, but also with the distribution pattern of China’s rural economic benefits, social security system in rural areas and associated agricultural land system. Study the question of succession will help coordinate the interests of all, to promote the effective and rational use of land resources. Therefore, the question of succession of rural land contract and management rights in-depth study of theoretical value and practical significance.In this paper, rural land contract and management rights to inherit legitimacy as a starting point that rural land contract management rights negotiable, do not have the physical specificity, can become the subject of inheritance. "Rural Land Contract Law" to allow forest management rights contract for rural land contracting inherit inheritable right to provide a model and example. Judicial practice inherited referee allowed the case also for the rural land contract and management rights provided evidence inheritable. Binding specificity of rural land contract management rights on inheritance analysis reveals major obstacle to inherit the right to operate with the main contractor, the associated acquisition and transfer system. Final proposed collective economic organization membership as a standard for the main agricultural land contract management rights norms restrict the identity path.