Legal Analysis About The Transfer Form Of The Right To Land Contractual Management

To solve the issues concerning agriculture,countryside and farmers,a core problem that can't be avoided is land.Whether it is to solve the rural,agriculture or farmer problems,are based on rational exploitation and efficient use of the land.In the background that the economy has entered a new normal,invigorating the rural economy,releasing the value of the land's property,achieving orderly,efficient transfer of the contractual right of land,cultivating a booming land circulation trading market,letting the sleeping land truly become farmers' living property,are crucial issues of the time.Our country is vast in territory,due to different planting structure and farming practice.land circulation also has obvious national identities.Characteristic reflects the contradiction of land transfer system and the actual demand does not match.Author take the real difficulties encountered in the land transfer mode in Yantai as breakthrough point,investigate a contradictory phenomenon: for right to contract for management of land ownership is not clear,lack of family internal circulation segmentation system design,,added a lot of restrictions on transfer,cause fruit tree produced by land,attached on the land use right and yet separated from land,the complete real right and enjoy full circulation power disposition,to land contract management right corresponding dislocation,and even appeared disjointed.The contradiction is not only the unique problems of land circulation in Yantai,just the planting structure characteristic makes the problem more direct and sharp.The real problem is the right to the contracted management of land completely real right,reflect the conflicts in the market operation of practical needs and the existing legal system.The objective is also a reflection of the original social environment legislation and the pursuit of economic and social environment in rural areas now doesn't match.The author thinks,clearing the land contract management right ownership,ascertaining family members common ownership identity,developing diverse forms of transfer,perfecting registration system,achieving land circulation marketable operation,are not only the realistic way to solve the land circulation difficulties in Yantai,but also the direction of reform and perfect the national land circulation.It is not only beneficial to solve the issues concerning agriculture,countryside and farmers,but also good for economic structural adjustment and expansion of domestic demand,fostering new engine and growth point for the development of market economy.