Study On The Exercise Of The Priority Of The Contract Management Right Of Rural Land Contract

From household contract terms, the priority right to the contracted management of rural land contract, refers to according to the relevant state of rural land contracting policy and the relevant regulations of the local people's governments and unified contract, enjoy the rights of collective economic organization is the peasant household, every peasant household all can enjoy, everyone has a. The collective economic organizations outside of the unit and individual shall as the right to the contracted management of land in the way of family contracting right subject, shall enjoy the right to the contracted management of land, therefore, not as the contractor in the family contracting mode, the contract of land contract law only through other means, obtained from the hands of the right to the contracted management of land. By itself is the family as the unit of contracting farmers household contract way, and many other ways the body of the contract: to individual farmers, in partnerships, and even the collective economic organizations outside of the unit or individual can be contracted as the main body.China's rural population continued to grow, leading to the proportion of rural population rise gradually, and modern mechanical mode of agricultural production, gradually replaced the traditional manual work way, the individual will work to increase land area, farmers demand for land increasingly urgent. The development of socialist market economy in the countryside mainly for the development of plant breeding and scale, more land resources is the basic way to revenue growth, the members of the collective economic organizations of its concerns about the exercise of the priority, at this point, the type case also gradually into the judicial process, but the provision is too principle of priority, in the judicial practice applications, can't combine with complex social reality better, trial practice, inevitably appear doubt and confusion. Priority already exists in the contracted management of rural land circulation process, also exists in the contracted management of rural land contract process, this article will discuss the contracted management of rural land contract in the process of exercise of the priority rules were discussed, and combined with case encountered in the trial practice, the writer will exercise of the right to the contracted management of rural land in the process of contract awarding priority rules, the paper analyses the problems and disadvantages, and study the feasibility of the perfect.