Study On New Transfer Ways Of Contractual Management Right Of Land In Rural China

The reform of new transfer ways of contractual management right of land in rural China is one of the contents in this land system reform. The reform direction is to promote rural land to be freely allocated according to market discipline.This paper discusses the historical inevitability of the new transferring ways of contractual management right of land in rural China. First of all, the paper introduces the process of the development of land system from original private ownership at the beginning of the country’s establishment. Secondly, the paper introduces the general situation of the old transferring ways of contractual management right of land. In 2002, the "Rural Land Contract Law" established a new transferring way of contractual management right of land. In 2007, the "Property Law" established the real right of contractual management right of land. After all, it is necessary to establish new transferring ways of contractual management right of land to improve the utilization rate of the land and to adapt to the law of market economy. The new ways are two ways which are not regulated in existing law. This paper researches on the subjects of mortgage and contribution of contractual management right of land in household contract.The research on the legal issues of the mortgage of contractual management right of land of household contract includes the discussion on four questions. Firstly, the overview of the mortgage of contractual management right of land introduces the connotation and legislative status. Secondly, the practice and summary of the mortgage of contractual management right of land introduces practical situation and the existing legal problems. The introduction to the practical situation indicates that the design of the legal system is often behind practice, not talking about the need of practice. Finally, the paper introduces the system design and legislation perfection of the mortgage of contractual management right of land, including the establishment of registration system, value assessment system and mortgage right achievement system, and improvement of social security system in rural China, adhering to the "three don’ts" principle to ensure the correct direction of the transfer of agricultural land. In the elaboration of legislation perfection, including the qualification and conditions of the mortgager, determination and establishment of the mortgager, distribution of mortgage rights and obligations and provisions design of the rights and obligations of the mortgager. The paper also elaborates recently released provisions by the State Council, and its guiding ideology and specific content.The research on the legal issues of the contribution of contractual management right of land of household contract includes the discussion on five questions. Firstly, the overview of the contribution of contractual management right of land introduces the basic model of the connotation and the contribution. Secondly, the paper introduces the historical development of the contribution of contractual management right of land. Since the establishment of the country, the contribution can be divided into four stages, and different systems should be adopted in different stages as needed. From the legislative status, we can foresee the direction of future legislation. Thirdly, it elaborates the legal nature of contribution. And next, it discusses the existing legal problems and countermeasures in the practice of contribution. The legal problems include the lack of assessment standard, forced contribution against the contributors’will and the limitation of the transfer of contribution. And countermeasures are given to solve the problems. Finally, the paper discusses the perfection of legal system in contribution cooperation, which includes investment system, benefit distribution system, cooperative management system, system perfection in cooperation termination and other design of articles of law. Contribution cooperation of contractual management right of land is an important form of contribution, so it is necessary to discuss the perfection of its legal system.To summarize, the paper discusses on two new transferring ways of contractual management right of land in rural China, which are mortgage and contribution.