The Research Of The Establishment Of Land Contractual Managemen Rights By Other Ways To Contract

There are two ways in the acquisiton of "rural land contractual management" ruled by our country: one is the way of household contract and the other is the other way contract.At present,China has made clear and specific provisions of legislation including land contractual management rights of the elements,the subject,the object and the rights of the content.However,there exsist vague controversies about the theory of land contracting rights acquired by other means,the current legislation,judicial practice and theory.Other ways to contract rural land,how the contractor set up the right,the establishment of any rights,the establishment of the rights of the property and the right to damage the relief,are in need of in-depth study.This article is mainly to identify other ways to contract the establishment of land contractual management rights and land management rights of the elements of achievement,in order to distinguish between the two attributes.The nature of the two is different.One belongs to the nature of the property and the other belongs to the nature of the creditor.Defining other ways to contract the establishment of land contract management rights of the implementation of the elements to improve the legislative and judicial practice plays a guiding role.It helps to accurately apply the legal norms and clears the effectiveness of land contractual management rights.In this paper,through the analysis of the cases related to the establishment of land contractual management rights in other ways,the author analyzes the judgments and social effects of judicial disputes,and provides the types of land contract management right and its respective elements for the purpose of clarifying other ways,in the case of accurate qualitative rights,and the corresponding legal system design.This paper starts from the interpretation of other ways of contracting the establishment of rights,through the critical study of the nature of the contract on the nature of the views of the land contractor,and criticize the Supreme Court of the relevant judicial interpretation to clear the diffrences between the other ways to contract the establishment of land contract management rights and contract based on the establishment of Of the land management rights: the right to register has become the imprtant element of the other way to contract the establishment of land contractual management which obtains the right called usufructuary property,with real right.Without registration of real right,the contractor is only based on the contract Land management rights,which belongs to the contract rights,only with the creditor's rights.The second is the problem that clarifies the effectiveness of other ways of contracting the establishment of different rights.The effectiveness of the land use right of the usufructuary property is mainly manifested as the validity of the property rights,the exclusivity,the dominance,the right flowability and the rights of absolute protection.However,the effect of the land management right based on the contract is behaved in relative protective effect of rights,the non-transferability of rights,and the relative protective effect of rights.It is clear that the above distinction will help to better protect the rights and interests of land contractors,clarify academic arguments and guide judicial trials.The third is to explore other ways of contracting the practice of judicial practice.As the relevant theory of contracting in other ways is not complete,the judges in the judicial practice feel bluerred with the other forms of contracting the establishment of the rights of the elements,so that the law is applied improperly.Finally,it is the right established from improvement of other way contact based on the legislative level.For the other methods of contracting the existing legislation are mainly confused with the nature of the land contractual management,the nature of the right to land management rights,the disuinity of the legal protection of the rights,the imferfection of the law,the unclearness of the legal content and the defined questions.On the above issues,this article proposes the "Property Law" "Rural Land Contract Law" and the Supreme Court of the relevant judicial interpretation of the amendment so as to clarify the basic connotation of the land contractual management right established by other ways.