Problems And Legal Countermeasures On The Transfer Of The Land Contractual Management Right In China

With the expansion of the scale of rural land circulation and the promotion of a new round of agricultural land reform, the rural land transfer market of our country will usher in a new development opportunities. Especially in the practice of rural circulation, there is a trend that the main body of the rural land contract and the main body of the land management rights are separated, and the mode of the “three power division” of the rural land transfer has emerged as the times require. But from the present stage, China’s rural land contract management rights transfer of the legal system is not perfect. In particular, “property law”, “rural land contract law” and other laws on the transfer of land contract management rights of many restrictive provisions need to be revised and improved. On the one hand, due to the practice in the rural land ownership is not clear, the right to the contracted management of land circulation of the program is not very standardized, land transfer dispute settlement mechanism is not perfect, to service of the land transfer market intermediary organization and the social security system is extremely scarce. To some extent caused by the circulation of rural land market chaos. On the other hand, the law of our country has not confirmed the “the right to contract the land” and “the right to manage the land”, and it also has the chaos of the land circulation mode. All these have greatly damaged the scientific nature of the laws of our country.According to the research of Hunan Province “two oriented society” construction reform pilot area——Xiangtan Zhaoshan demonstration area expansion field, combined with proposed by the Central Committee of the land transfer “three powers separation” policy theory, aiming at the problems existing in the circulation of the right to the contracted management of land, this paper puts forward the some rational conceptions. On the one hand, to speed up the implementation of land ownership, collective ownership of rural land. On the other hand, to improve China’s laws and regulations on land as soon as possible, clear and definite “the right to contract the land”, “the right to manage the land” and the meaning of the legal status, modify the concept of the land transfer mode and fuzzy rules. At the same time, in practice, we must constantly explore the establishment of the land transfer and supporting the various mechanisms. For example, give full play to the service function of intermediary organizations, establish a diversified way to solve disputes, improve the rural social security system etc. Reform must be in accordance with the law. Through the law to effectively regulate the rural land transfer behavior, and guide the rural land circulation into a healthy, orderly and healthy development track. This is the inevitable requirement of the rule of law in our country. Following the land reform, our country must be from two aspects of legislation and practice gradually improve circulation system of rural land contract management right.