Study On The Legal Issues Of Market Circulation Of Land Contractual Management Right

The focus of the three rural issues is no longer to solve the problem of food and clothing for farmers,but how to increase farmers' property or asset income,and gradually eliminate the differences between urban and rural areas.The right to land contractual management in China is a product of the reform and opening up,after the claim to the property development,has been charged with hundreds of millions of farmers,social security and the problem of food and clothing of the agricultural population and employment history,so the state from the legal right to land contractual management has given many restrictions,such as limited circulation,no mortgage,but with the the development of social economy,the burden has ceased to exist or replaced by other systems.Standing in the "material" and play the basic role of the market in the allocation of resources in the process of angle,should relieve undue burden of land contract management right on the nature of the property rights of recovery.The right to the contracted management of land transaction platform in the context of land contract and management rights should be shaped as a special kind of goods or services,or the nature of standards should be consistent with the market requirements,the transferee(the rights acquired)as consumers and to facilitate the transposition of legislation,the exercise of rights as the center construction of the right to land contractual management of this special commodity "quality" or "quality certificate" system.The land contract management right is a kind of property which is different from the ordinary commodity.The country needs to improve some specific systems to promote the marketization of its circulation.Although from the perspective of property,the right to land contractual management as a suitable and advocated free transfer of property,must be eligible to peel the limitation to property right,but the right to land contractual management is a kind of involving many public and private interests(such as food safety)property rights,in the exercise and restrictions must be imposed in order to balance the interests of all parties,in order to promote trade,should the existing laws and regulations in the post qualification restrictions for the exercise of the right qualifications.