Font Size: a A A

Research On The Inheritance Of Land Contract Right Under The Condition Of "Three Rights Divided"

Posted on:2019-03-03Degree:MasterType:Thesis
Country:ChinaCandidate:X L WeiFull Text:PDF
GTID:2346330545498392Subject:Law
Abstract/Summary:PDF Full Text Request
Land is the foundation of the livelihood of the nation,and the inheritance of land rights is closely related to the interests of farmers.Since the feudal society,the private ownership of land and public ownership of land in the continuous struggle and development,after the founding of New China,"team-Foundation,all three" of China's rural collective land ownership formation;After the reform and opening-up,the rural land finally determined the household responsibility contract,"land contracted management right" into the In the past 30 years,the land system has been transition from "two" to "three-right"."Three-right separation" is the reconstruction of rural land rights,and the definition of the right of "three-right division" is the prerequisite to inherit the land contract right.The land contract right is separated from the original Land contract management rights,it should come from the Land contract management right,and its circulation will be an independent property rights,the contractor can transfer it to others.According to the revised draft of rural land contract law,the land contract right can be transferred after permitting,then its inheritance has the legal basis.The inheritance of land contract rights not only accords with the wishes of the peasants,but also is the inevitable requirement of the permanent land rights.Although the revised draft of the rural Land Contract law incorporates the three-right division into the legal system,it does not make a clear provision on the inheritance of the land contract,which is consistent with the law of succession and the Law of land administration,and takes evasive attitude to the succession of the land contract right.Because of the ambiguous attitude of legislation to the inheritance of land contract management right,it is difficult to obtain the judgment which conforms to the law and reasonable in practice.Under the "three-right division",the inheritance of the land contract is confronted with many difficulties,such as unclear legal provisions,the inability of the subject of right to be unified,the object of inheritance and the conflict with the existing inheritance system.In order to carry out "stable land contract relationship,the policy guidance and legislative thought of promoting land right circulation",the main measures to solve the dilemma of succession of land contract rights should include the unification of perfecting the relevant laws and regulations of the inheritance of land contract right,the individual who clearly identifies the subject of the land contract right,and the recognition of the land contract right as an inheritance The paper also seeks to adapt the succession of land contract rights and the existing inheritance system from the aspects of the term,the way of inheritance and the method of inheritance.
Keywords/Search Tags:"Three Rights Divided", Land Contract Right, Inheritance
PDF Full Text Request
Related items