Research On The Legal Intervention For The Construction Of The Market Of The Right Of Land Contracted-management

The right of land contracted-management is a important right for farmers. The transaction of the right of land contracted-management has a very significant impact on increasing famers’ incomes, deepening the reform of rural land system and completing the transformation of traditional agriculture to modern agriculture. The efficient flow of resources needs the lead of the market. The party central committee has put forward a proposal on the third plenary session of the 17th assembly of the CCP that the market of the right of land contracted-management should be founded. And local governments have enacted relevant laws to carry out this policy. However, the markets of the right of contracted-management have a lot of questions which is harmful to the transaction of the right of contracted-management. So, this paper chooses some typical markets, such as Chengdu, Chongqing, Ezhou and Wuhan to study the problems and Solutions. This paper is divided into three parts:The first part is the typical modes of the markets of the right of contracted-management. The markets can be divided into two modes which can be named the business entity mode and the enterprise legal person mode. These modes are similar in the establishing means, the establishing capital, the goals, the supervise organization and the subsidize of the operation. So, there is only on mode which can be named official mode.The second part is the problems of the markets. Those problems can be divided into their own problems and the outer problems. Their own problem are relying on the government, the transaction mode is singleness, no good mass base, the supervisory ability is not good. The outer problems are the lack of relevant laws and regulations, the registrations are slow, the excessive government involvements, the mortgage is difficult.The third part is the solutions of the problems of the markets. Those solutions also can be divided into improving their own institutions and optimizing the external institutions. Ways to improving their own institutions are achieving independence, increasing ways to trade, deepening the social identity, strengthen the regulations. Ways to optimize the external institutions are perfecting relevant laws and regulation, implementing the reform of registration, avoiding the overdue regulations of the government, improving the institutions of mortgage.