A Study On Marketing Transference Of Rural Land’s Real Rights

It is thought as historical breakthrough that peasants are clearly endowed land based property rights for China’s system of rural land, which has been approved by the Party’s third plenary session of the eighteenth, in the document The central committee of the communist party of China on several major issues comprehensively deepen reform(Hereinafter referred to as the decision). The voice of the global information age helps the economy develop rapidly; Optimizing transformation of social structure has given rise to innovative reform of rural land management system under the background of the era of law. The perfection of farmland property right system and the clarity of farmers’ land property rights confirm the policy support and legal protection of farmers’ rights under the rule of law society. However, it still needs to think and discuss that how to blend rural land management rights in market the invisible hand with the guidance of macroscopic land policy the visible hand, how to deepen the reform of agricultural economy in the new era constantly, and how to make it develop intensively and massively. On the premise of insisting on rural collective ownership of land, this paper discusses the problem related to the separation of the rural land contract right and rural land management right by combining theory and practice of law, clarifies the particularity of rural contracted land circulation and illuminates the market efficiency of the usufructuary right which is management rights’ inherent nature and the real right circulation. By the description of current land dilemma, this paper explores the ways how market-oriented management rights of rural land circulates, annotates the property rights that the farmers contracting to manage the lands contains. At the same time, this paper takes domestic and foreign farmland circulation system as an example, corresponding to the legal system of public rights and private rights, in order to achieve the best use of social resources and perfect the new system of farmland management rights’ circulation.