Study On The Legal Issues Of Rural Land Management Rights Transfer In China

The rural land management rights transfer is the party and the country conform to agricultural development, in agriculture and a theoretical innovation. Land management rights transfer of development, can to some extent promote the scale management of agriculture of our country, promote the adjustment of agricultural structure in China,and to optimize the production layout of China’s rural, improve yields, and thus guarantee food security in our country. However, because of the transfer of land use rights policy short time, legal system and its supporting measures can not be timely follow-up soon. This leads to the existing legal system in the process of adjustment of land management rights transfer, there are some problems, for example, land management rights transfer legal norms lack operation, circulation subject scope narrow,lack of standardized procedures, transfer provisions is not clear and so on, in addition to this, a supporting measures of land management rights transfer also exist many imperfections. The existence of these problems is not conducive to the transfer of land use rights in an orderly manner, and even influence the development of the agriculture of restricting our country. In reference to foreign land transfer on the basis of the advanced experience, combined with the actual agricultural development in our country,the author puts forward the strengthening land management rights transfer legal norms of operation, broaden the land management rights to the transferee subject scope,standardize the land management rights transfer procedures, clear land by camp in circulation and to establish and improve the circulation of land management right supporting system and measures in order to promote circulation of land management right in our country’s development and make its own contribution.This paper is divided into five parts, the first chapter is the overview of introduction and research of land management right of domestic and foreign literature;the second chapter is an overview on the circulation of land management right. Mainly from four aspects of connotation, characteristics, necessity and legal policy and legal system evolution. The connotation of land management right is mainly refers to the relationship between the change of land contracting and management situation, the right to the contracted management of land in the right to operate the power property interests shall be separately reflected; the legal characteristics, pursuant to the provisions of the current policy and law, from the subject and object, the transfer properties of the image and the circulation of land management right elaborates the necessity; respectively from the personnel engaged in production structure changes, the scale of agricultural production and operation requirement, the construction of rural well-off new requirements in three aspects such as the necessity for elaborate; finally banned from the stage, the gradual liberalization stage, approved by the state stage analysis of the development process of China’s land management rights transfer legal system and policy. The third chapter is about the analysis of the existing land management rights circulation in our country in question. Existence of the legal system of land management rights transfer problems include: land management rights transfer legal norm lacks operation, circulation subject scope narrow, lack of standardized procedures, transfer provisions is not clear and so on; supporting measures not perfect reflected in:management rights evaluation mechanism, trading intermediary organization and security system. The fourth chapter in the United States, Britain, Japan and other countries as an example, the advanced experience of these countries exist in the circulation of rural land to be combed, provide reference for land management right outside circulation in China. The fifth chapter is before, put forward a sound proposal,first from the circulation of land management right in principle, for the land right of management circulation in China set standards; secondly, the initial description of the our country land right of management circulation system process design; finally,according to the third chapter problems, respectively from the legal system and supporting measures to improve and put forward some suggestions.