On The Legal Research Of The Circulation System Of The Contracted Management Right Of Rural Land In China

Since the Third Plenary Session of the Party’s eleven, China has gradually formed a system based on collective ownership of land, which is called The Household Contract Responsibility System. The system has made a tremendous contribution to China’s rural economic and social development. But with the development of social economy and industrial structure adjustment, the system can not fully meet the needs of agricultural moderate operations of the new era. The system has tied the liberation of rural productivity. For this reason, in recent years, to reform and improve the system of the Contracted Management Right of Rural Land, has became a common voice of academics and practitioners. Among them, to improve the circulation system of the Contracted Management Right of Rural Land, has been known as the part of the core. Only the Contracted Management Right of Rural Land flow Healthily and orderly, the allocation of rural land resources can be re-optimized, and improve the market competitiveness of land, accelerate agricultural modernization.At present, the circulation system of the Contracted Management Right of Rural Land has many problems. Just as, the transfer market is immaturity, transfer process is not smooth, farmers’ rights can not be protected well, supervision is absent. Both in the speed and scale of development can not be compared with developed countries. How to establish a regular and comprehensive circulation system of the Contracted Management Right of Rural Land, to guide a healthy and orderly transfer of rural land, both benefit farmers and maximize the value of the land use, has became the focus of public attention. The author now works in the grass-roots court, has heard and participated a number of "three rural" cases in practice, and has a more in-depth understanding of the status and current problems of the circulation system of the Contracted Management Right of Rural Land. At this background, the author took the circulation system of the Contracted Management Right of Rural Land as a master’s thesis topics. Base on the relevant laws and theoretical research, combined with the summarizes findings which is found in practice, theory with practice, to make a comprehensive study of the circulation system of the Contracted Management Right of Rural Land in China. In the hope of building benefit to the reconstruction of the circulation system of the Contracted Management Right of Rural Land.This article discusses four parts:The first part, expounds the basic theory of the circulation of the Contracted Management Right of Rural Land. By introducing the meaning, legal characteristics and practical significance of the circulation of the Contracted Management Right of Rural Land, cleared the theoretical foundation of this article.The second part, describes the form of the circulation of the Contracted Management Right of Rural Land, and analyzes it.The third part, by the case, field surveys and reference throughout the report, analyzes the current problems of the circulation of the Contracted Management Right of Rural Land.The fourth part, base on the specific problems of the circulation of the Contracted Management Right of Rural Land which is mentioned in the third part, the author trys to propose some specific measures and recommend ations of improving the circulation of the Contracted Management Right of Rural Land. This is the focus of this article, which is also the value reflected.