Research On The Problems And Countermeasures In The Circulation Of Land Contractual Management Right

The theories of modern civil law emphasizes the use of objects as the center to build all kinds of civil law system.With the important land resource,in rural areas of our country,the implementation of the right to the contracted management of land circulation system embodies the optimal allocation and utilization of land.The right to the contracted management of rural land circulation system is very important to promote the life quality of millions of farmers,to affect the progress of the agricultural modernization,and to influence the pace of urbanization in the countryside.Since the Third Plenary Session of the 11th CPC Central Committee,our central government and the State Council are attaching great importance to the right to the contracted management of land circulation,and trying to adjust and promote the orderly and smooth progress of the circulation from legal norms to policymaking.Since the Third Plenary Session of the 18th CPC Central Committee,the reform of land system is tending to be more beneficial to farmers.The separation of the three rights of land ownership,contracting right and management right is concerned mostly,injecting new theory elements to the right to the contracted management of land circulation system,which is gradually discussed in the law field while local governments are exploring to practice it in succession.Though,the relevant regulations already exist in the system of right to the contracted management of land circulation,but from the point of legislation and practice effect,there are still a lot of problems in the current legal system of right to the contracted management of land circulation;to some extent,the imperfect and hysteresis law is restraining farmers' production enthusiasm and hindering the orderly and effective transfer of right to the contracted management of land.With the deepening construction of the socialist market economic system,how to speed up the land circulation orderly and effectively,to safeguard the rights and interests of farmers and to promote the rural development is imminent.Based on "transfer" as the clue,through defining of related concepts and types of the right to the contracted management of land circulation,this paper analyzes the legal forms of circulation from the aspects of property right and obligatory right including transfer,exchange,equity,mortgage,lease and subcontract,etc.Then the current legal problems of the right to the contracted management of land circulation are summed up,mainly including incomplete property right,inapplicable operation,excessive intervention,imperfect mechanism and so on.Finally,the legal measures to resolve these problems are put forward to perfect the legislation of property right of the right to the contracted management of land circulation,to perfect the circulation ways of the right to the contracted management of land circulation,to perfect the registration,information and appraisal systems of the right to the contracted management of land circulation,and to perfect legislation of rural social security,etc.