Research On The Problem Of Rural Land Contract And Management Rights

Along with the social progress, the rural economic system changes gradually and produces various kinds of rights to the contracted management of land dispute in the countryside. Rights to the contracted management of land are related to the farmers’ vital benefits, affect the rural economic development. Unsound scattered rural mechanism and government management cause some problems, such as growing numbers of cases, and problems cannot be resolved. Uncertain rules using to judge the cases and unclear laws bring difficulties when judge these cases. Therefore, to solve these problems need an in-depth study, and put forward feasible solutions to solve the problems. This paper analyzes the background of the arguments and different opinions on these arguments.By analyzing the typical cases, the paper summarizes three argumentative issues. First, whether the person who has no agricultural registered permanent residence but living in the village and arable land for a living has the right to be the member of collective economic organization. Second, how is the efficacy of the contracts of land contracting management when the contract content has defects? Finally, how is the efficacy of the contracts of pledge of land? For the first question, the paper accepts that there are three standards to evaluate the member of collective economic organization, the single standard, the rights and obligations standard and comprehensive standard. The paper sustains the rights and obligations standard and thinks that the qualification status of the Zhang should be identified although they do not have rural residence booklet. Secondly, on the question of contract effectiveness, the paper through the study of the contract dispute case, the reason to contract type and effectiveness analysis of cases. This paper agrees that the contract signed by the Zhang and village committee is efficacy. Last but not the least, based on the theory and practice, even though our country has to carry out the pilot mortgage policy, but the theory and practice is still controversial.The paper insist on the mortgage which is signed between the Zhang and another person is efficacy and another person has the right to the contracted management of land mortgage.