The Investigation Report Of The Practice Of Rural Land Management Transfer In Dazhou

After the founding of New China,the change of rural land has experienced three stages.The third stage is contracted-responsibility on household basis after 1978.With the improvement of the reform,the contractual operation right of rural land has deepened continuously.However,with the rapid process of Reform and Openness,only enjoy the contractual operation right of rural land cannot achieving a higher efficiency of proper scale development and the farmer cannot gain more property rights.The transfer of this right was first proposed in 1995.In recent years,with the transforming of social systems,the reform of rural land system has step into the crucial stage.In the No.1 document of central government,land management right has be first put forward and some relative documents have been carried out after that.And then,the 2016 central document has proposed the concept of making land management right flexible and perfect the Separation of Three Rights which including rural ownership right,contract right and management right.On those basis,the transfer of land management right is imperative.From the perspective of practice,there is big difference between the ways of transfer in the whole country.The economic development level makes the land transfer's actual result and requirement level different.The universal phenomenon of land transfer has made land reform extremely urgent.Property Law of People's Republic of China,Law of Rural Land Contract and some relevant law have regulations of transfer of management right of land contract;however,those regulations are difficult to carry out as the complexity of law process and the limitation of people's status.Besides,as no fully implement the property right in the legal system,the transfer of land management right's mortgage and inheritance may conflict with the current law.Therefore,the relevant regulations and rules of land management right need more exploration.During the exploration,it facing some important problems in the legislation and implement of land management right,such as,how to setting the mechanism of the right to ensure farmers can gain the maximum profits that realize the value of land use right under marketing operation,meanwhile,to realize the function of social security of this right that promote the stability of rural society for further.To solve those problems also is the necessary requirements of practical research of rural land management right.The solutions are based on the land transfer of Dazhou,Sichuan.By review the current situation of land management right transfer and legal mechanism,the development orientation of law and regulations have been proposed.Based on the policy of the Separation of the Three Rights,combining with some relevant market dates of the transfers in Dazhou and other areas in China is to analyze the characteristics,problems and defects.Exploring the legal mechanism and operation pattern is from a point of law theory.The main method of exploration is literature study and overviews the line by explain the relevant regulations and policies.Research the current situation and problems by empirical study and case study and propose the development orientation.Comprehensive studies the relevant regulations and rules and find out a way for land management right's transfer which not only meet the requirements of China's society nature but also increase farmer's income.