Concerning The Improvement Of The System Of Right To The Contracted Management Of Land Circulation

With the rapid development of economy, intelligent, informatization and urbanization become the characteristics of the modern economy, the traditional agriculture has not meet the needs of social development, instead, the scale, the informationization of agricultural production, accurately, modern agriculture. Since1978, our country began to agree that, in the form of family as the unit contracted farmland for tens of millions of farmers to solve the problem to eat, right to the contracted management of land circulation system arises at the historic moment, until now, has experienced a long developing process. Its status is still important, however, at the end of 2014, our country government in the form of policy advice issued guidance on farmland contracted management reform in China, made it clear to the contracted management of circulation ways to promote the scale management of agriculture; At the same time, China’s central committee office also issued a series of documents, these documents is proposed to guide the rural contracted land orderly and stable circulation,so as to promote the healthy development of rural economy moderate scale. It provides for the development of the right to the contracted management of rural land circulation market space and policy support.In reality, however, right to the contracted management of land circulation is not very desirable, there are problems, hindered the process of circulation. The problem about the right to the contracted management of land circulation, there have been scholars to study, but mostly discusses from the Angle of economics, the author from a legal point of view, combined with the relevant laws of our country’s existing right to the contracted management of land circulation regulation, through the analysis of actual case, focused on the circulation way, program flow, flow of relevant market regulation and flow in the protection of the farmers’ rights and interests of in-depth study, in view of the reality problem system consummation Suggestions and countermeasures are put forward.This article is divided into five parts to study the transfer of the right to the contracted management of land, the first part mainly analyzes the research background and significance of the contracted management of circulation, and understanding for the research of the scholars both at home and abroad and relevant views; The second part focuses on the main problems existing in reality, find out the crux, there are certainlimitations, such as transfer transfer registration rules is not perfect, the circulation of the defect of market mechanism, in the process of the agricultural community to protect the interests of tended to be \ "out of control\" state, the relevant social security system is not perfect, etc. The third part through to the developed countries in terms of land circulation system is introduced, including the United States, Japan, Germany and other countries of good practice, by foreign related system, analyzes its mature practice, in accordance with the actual condition of our country as the prerequisite, to extract the perfect Suggestions suitable for our country’s related system, the model for the contracted land circulation smoothly in China; The fourth part in view of the right to the contracted management flow and the key problems in put forward the relevant countermeasures to solve the problem, including the perfection of the legislative level,the establishment of the relevant market system, strengthen the protection of farmers’ rights and interests, and the strengthening of judicial protection, etc., sincerely hope can through these opinions and Suggestions for the improvement of the system of right to the contracted management of land circulation) do his strength; The fifth part is conclusion and prospect of the development of the right to the contracted management of land circulation, and actively promote role for modern agriculture.This paper focuses on related questions of contracted land circulation, the orderly transfer of agricultural land contracted management, operating in the optimization of farmland and agricultural capital scale management has a positive role, is an important part of modern agriculture development. Therefore, the improvement of the right to the contracted management of rural land circulation system, for realizing the economic value of land, to improve the quality of life of the broad masses of farmers in our country, and even to agriculture, rural areas and farmers has a certain practical significance on the solution of the problem.