The Research On Succession Issues Of The Contracted Land Management Right

With the rapid development of China's rural economy,the rapid progress of the rule of law,the further liberation of the peasant's mind,people's understanding of contracted land management right is also constantly changing,and at the same time the nature of contracted land management right did occur qualitatively change,which is change from the nature of the fuzzy to usufructuary,along with the implementation of “People's Republic of China Property Law”(hereinafter referred to as “Property Law”).The Property Law has stipulated the specific transfer mode of contracted land management right.But in the rural social practice in fact,contracted land management right is transferred by inheritance,gift,mortgage,etc.On March 15,2016,the Ministry of Agriculture issued the Interim Measures for the Mortgage Loans of Rural Contracted Land Management Right(hereinafter referred to as the “Measures”).The Measures stipulate how to mortgage the Rural Contracted Land Management Right,the condition of mortgage and the process of mortgage.Whether the inheritance of Contracted Land Management Right is directly related to the vital interests of the majority of farmers.However,the current laws and regulations of our country have not clearly defined this.In reality,disputes on the inheritance of Contracted Land Management Right occur frequently,because the law about this is not clear,different courts make different judgments when they deal with he similar case.The inheritance of rural contracted land management right is a problem that needs to be solved both at the level of legal definition and at the practical level of operation.This article mainly focuses on the inheritance of rural contracted land management right,organizes our laws and regulations and administrative regulations and other regulations on its inheritance requirements through the way of empirical investigation,counts the number and result of judgment of cases about the disputes of succession.We can get that our laws and regulations did not expressly support or oppose its inheritance and the reality of the trial is no uniform standard,the judicial judgment is very chaotic.And then the article analyzes the reasons for the different judgments,and analyzes the negative view of the inheritance of contracted land management right,and evaluates and criticizes the negative view.And then the article demonstrate the inheritance of contracted land management right.Finally,by solving the typical problem,the article demonstrates its inheritance system,and actively affirmed its inheritance.If so,we can promote the rational flow of land resources to enhance the scale of agricultural production which can further enhance the competitiveness of agriculture,and achieve new changes in rural society.