Discusses The Transfer Of Rural Land Contract Management Rights

Land is an important production of human subsistence, long look at the Chinese nation’s 5,000-year history, the land is an important reason for the change of dynasty. China is now the implementation of the right to land contractual management system, the village collective ownership of land, farmers contracted land to land contractual management, land contract and management rights of farmers in the nature of the nature of the debt the beginning, through the conversion of debt to discuss academic and property nature, and finally the "Property Law" enacted clearly defined land contract and management rights to usufruct. Property nature of the land contract and management rights to protect the rights of farmers to further strengthen efforts, people have the right to land contractual management will not have to worry about loss of land easily.Development of market economy and the right to land contractual management system, the emergence of the phenomenon of transfer of land contract and management rights, the first transfer of land contract and management rights is completely spontaneous, it is the inevitable outcome of China’s economic development process arise. Occupied most of China’s rural population, rural infrastructure is weak for the entire country’s economic development will not achieve a supporting role; rural land issues are at the heart of rural economic development, reform of rural land transfer system and improvement of the core content of the rural land system. Rural land transfer has been around for a long time, but still did not form a reasonable and orderly transfer system, how to regulate the rational and orderly flow of rural land system does not have a good system to protect them, the rural land contract management rights transfer by many limitations and constraints. Chinese law for land contracting right of law, respect imperfect circulation mode and method, transfer procedures prescribed in the land transfer practice often against the interests of farmers in the event, destabilizing the social order and the destruction of farmland.Based on the above considerations and understanding, this paper rural land contracting right for the study, analysis and theoretical analysis using standardized methods discussed on some specific issues of land contracting right of use of empirical analysis and case analysis, and strive do close to reality, to make their modest rural land contract for the transfer of management rights to contribute to our country. This paper is divided into five parts:The first part of the land contract management rights transfer theoretical basis, through the analysis discusses the concept of the right to land contractual management and nature, nature derived property right to land contractual management, land contract management rights for land property nature of the transfer of land contract and management rights of people franchise contract to provide a reliable basis.The second part of the transfer of the right to land contractual management overview, this section discusses the concept of land contracting right, and give the author his own land contracting right idea; also discussed the transfer of the right to land contractual management should follow the basic principle, and the necessity of land contracting right to conduct the analysis.The third part, legal way to land contractual management rights transfer analysis in this section is intended to discuss the law clearly defined way transfer of land contract and management rights.The fourth part, the existing land contracting right main problems that exist in their circulation status quo, this section discusses the existing laws of the land contracting right constraints, land contract and management rights is difficult to comprehensively regulate the flow, and point out that the law of Questions and land contracting right practice and circulation problems in the status quo.The fifth part of the land contracting right perfect proposal, in order to guarantee an orderly transfer of land contract and management rights and the rights of farmers, make suggestions to improve the transfer of land contract and management rights.Although tens of thousands of words in this article, but the land contract management rights transfer of relevant theories and circulation problems still Benevolence, failed to address all of the issues of land contract and management rights. But I still cherish the belief of rural land contract management rights transfer system would be more perfect, in accordance with the law of the land transfer practices, norms, reasonable and orderly transfer of land contract and management rights.