The Research About Mandatory Norm In The System Of The Rural Land To Use

In our country, the ownership of the land is firmly held by our go vernment and the collectivity, so that individual has limited use of land. At the same time, in order to ensure the food security and maintain social stability, our government has set up many mandatory norms for the agricultural land use right. Besides the introduction and conclusion, this paper respectively discuss the purpose of mandatory norms set and the effectiveness of the contract in violation of the mandatory standard decision problem from three levels of the acquisition and transfer and destroyed of the agricultural land use right. As a result of the system of agricultural land use right obtained control mainly focus on the main body, obtains the way, the right content, etc., which aims to the management of farmland use right of use scientifically. If legal behavior constitute a mandatory specification for such breach, it leads to the right of the contract directly. Meanwhile, the transfer of the rights is the most important link of the agricultural land use right, Mandatory standard applicable to the system, as well as considering the freedom of people transfer of land rights, and based on the limited land resources to ensure that the state land use management. According to different purpose and control interest, the violation of such mandatory standard contract is valid, void and revocable effectiveness model. In addition to private law effectiveness is affected, in violation of the mandatory norms of behavior person also may be limited by the law of punishment administrative law. The state or collective take back the right from the people of the right to the use, is one kind of the performance. Thus derived: most of t he mandatory norms is managed mandatory norms which set up based on the national management position management. The results of the distinction between administrative compulsory norms and the mandatory effectiveness type specification, cannot be the judgment standard of the contract effectiveness which goes against to the mandatory specification.