In The Perspective Of Group Co-ownership:Non-inheritance Of The Right To The Contracted Management Of Rural Land

It's a controversial issue in judicial practice whether the right to management of rural land contacted by household may be inherited.Although the public report case"Li Weixiang vs.Li Gemei inheritance dispute" in 2009 proves the standpoint of the Supreme People's Court.But there is still something confusing.Based on Article 31 and Article 50 of Rural Land Contract Law,in generally speaking,the right to management of forestry land contracted by household and the right to management of all rural land contracted by other means may be inherited.It seems that the rules of Rural Land Contract Law and Property Law say nothing about the inheritance of the right to management of other land contracted by household.Although the legislative documents show a tendency to deny inheritance of the right,but there is no specific article to prove it.Thus,for the purpose of solving the issue,it is necessary to go a step further to analyze Rural Land Contract Law and understand the empowerment mode of the right to management of rural land contracted by household.We have to focus on Article 15 of Rural Land Contract Law and the particular state policy.The relationship between the household and its members also plays an important role.The household do not have legal personality and can be recognized as an unincorporated society.It's the formal subject of the right to management of rural land contracted by household.And household members is the substantial subject of the right.The way household members share the right can be defined as group co-ownership.The issue of whether the right to management of rural land may be inherited can be discussed in two different situations.Firstly,some of the household members die but the household is still existing.Secondly,all the household members die and the household terminates.In the first situation,based on the rationale of group co-ownership,the right depends on the identity as a member of the household.If a member dies and accordingly lose his qualification to share the right,the right will be shared by the rest of the household's members.In the second situation,on the basis of the empowerment mode of the right,the right eliminates and the contract land should be taken back when the household terminates.The income from utilizing the contract land taken back should be shared by the members of the economic organization of the rural collective.Consequently,the right to management of rural land contracted by household may not be inherited.Although someone argues that the right to management of forestry land contracted by household may be inherited according to paragraph 2 of Article 31 of Rural Land Contract Law,the reason to support is not sufficient.It's necessary to exert a narrow explanation due to the purpose of the article and abandon incorrect viewpoint.As a result,we should take the first step forward ascertaining the attribute of the right to contractual management of rural land while dealing with relevant inheritance disputes.The right contracted by other means such as bid,auction or open negotiation may be inherited and rules of Succession Law should be applied.The right contracted by household may not be inherited and be treated in different situations.The rest member(s)of the household share or exercise the right by himself if one of the household dies.The right eliminates and the corresponding contract land should be taken back if all members of the household die.