Study On The Establishment-Registration System Of The Contractual Right Of Land

The contractual right of land is a special usufructuary which can adjust farmland relationship of " possessions" and "utilization" in China.And The Rural Land Contracting Law in 2002 and Property Law in 2007 both stipulated that people can acquire the contractual right of land when the contract is effectively established,and it doesn’t need to register. This the meaning creed of the established way of a real right which is different from the formalism of creditor’s rights in property law,but this exception is reasonable.Because it is established in the background of the contractual right of land which is limited circulation.But when the contractual right of land was allowed circulation,especially the Chinese Communist Party 17 Third Session meeting proposed "Establish and improve the contractual right of land transfer market", the circulation of land contractual management right presented a great speed of development trend in our country. The contractual right of land of the meaning creed that has a serious problem whose ownership is unclear.Which seriously hindered the large-sacle transfer of the rights. Therefore, on the base of analysis of the connotation of the contractual right of land, this article fully discusses the necessity and feasibility of the establishment-registration system. After that, on the basis of analyzing the present legislative situation of the establishment of the contractual right of land, this article proposes some reasonable proposals of the construction of establishment-registration system.This paper is divided into four sections:The first section is the relevant connotation of the establishment-registration of the contractual right of land. To clear the connotation, we must interpret the nature of the contractual right of land first. This section believes that. The contractual right of land is a usufruct right of permanent tenancy. The registration of the contractual right of land means a procedure that the applicant applies to the registration authority that examines the evidence submitted by the applicant and inventories it when the land contract is established effectively, the applicant access to the contractual right of land.The second section is the need and feasibility of the establishment-registration of the contractual right of land. The necessity of this right’s establishment-registration is that helps to protect the legitimate rights of contractor; helps to play the function of the real right publicity; helps to improve the unified registration system of real estate; helps to promote the circulation of land contract management right.The feasibility of this right’s establishment-registration is that has a more adequate theoretical basis, the policy basis, the legislative basis and economical basis.The third section aims to explain and analyze the contemporary situation of the contractual right of land. Based on Land Administration Law, The Rural Land Contracting Law, Property Law and so on, to analysis the relevant laws and regulations of the right, explain the possibility of legislation of the establishment and registration of the right, do in-depth study of conflict between the current legislation and establishment-registration system and the contractual right of land.The fourth section is in relation explanation about the legislative construction of the contractual right of land. This section think, to make clear the Ministry of Land and Resources is the establishment of registration agencies, build special procedures to construct establishment-registration system of the contractual right of land, through amending the relevant provisions of current legislation.