Research On Chinese Rural Collective Land Contract And Management Rights Transfer System

Land contract and management rights of farmers is an important usufructuary. The stability of the franchise contract farmers on the same basis, to be guided by the relevant laws and regulations and regulations, supplemented perfect matching system, so that the orderly transfer of rights, to promote large-scale land-intensive operations, improve economic efficiency and competitiveness of rural areas. Currently contracting right of this phenomenon in the momentum of rapid development in rural areas, but many problems have been exposed: flawed legal system related to transfer; the relevant supporting system development is seriously lagging behind; land trust system is not perfect. These have a serious impact on the orderly and effective transfer of contractual management rights, is not conducive to the rapid development of the rural economy and improving the overall efficiency. Therefore, in view of the above problems, Through comparison of foreign developed countries, agricultural land transfer system, in the legal measures, supporting system, land trust and other aspects to proceed, put forward the feasible solution or project, the contract management rights transfer system should be perfected, so that it can better play its due role, realize the sustained rapid economic growth, enhance the competitiveness of the agricultural economy.This paper is divided into five parts. The first part is the introduction, mainly introduces the research background and significance, research status, research methods, and innovations such as heavy and difficult contract management rights transfer system.The second part mainly introduces the theory of contract management rights and its transfer system. Through the interpretation of the relevant laws and regulations, with theory circles existing theories, extracted from the rights of the contracted management to scientific, reasonable definition and legal characteristics, combined with rural reality, sums up some ways of the transfer.The third part introduces and analyzes the agricultural land transfer system in developed countries. From Anglo American law system and continental law system, two different law countries is discussed. By comparing and using for reference, from abstracts conforms to our country national condition contributes to the improvement of some experience and Enlightenment of our country the rights to the contracted management of transfer system.The fourth part mainly analyzes the main problems existing in the transfer system of contract management rights, detailed description of the problems of rural transfer practice, including the incomplete legal system existing defects and supporting system, and the land trust system existing problems.The fifth part mainly aiming at the main problems existing on the part of the transfer system, from two aspects of the legal measures and supporting system proposed suggestions to improve the land contract management lights transfer system, also the paper puts forward land trust system in our country perfect suggestions.