The Legal Perfection Of The Transfer Of Land Contractual Management Rights In China

Any legal action is made up of subject,object,and legal content.Of course,the right to contract the land is no exception.The main body of land contract management right is the contractor.The contractor may only be a farmer or an organization in the collective economic organization.The object of the right to land contractual management is the land used by farmers or organizations in the production and operation activities.The right to possess,use and benefit the contracted land.The purpose of setting up the right to land contractual management is to facilitate the activities of agricultural production and management.Our country now permits the transfer of land contract management rights transfer,subcontracting,swaps,shares,rental,etc,But not very perfect.From the perspective of historical development,the transfer of land contract and management right has gone through the process from prohibition to opening.China's land contract and management rights in different periods have different provisions.But on the whole,the trend of land transfer is increasing in scale and speed.Therefore,this article tries to clarify the nature of the various modes of circulation and the relationship between them,In order to improve the circulation of our land.The third plenary session of the 18 th CPC central committee about“We will comprehensively deepen the decision to reform a number of major issues ”(Hereinafter referred to as“decision”).We will uphold the collective ownership of rural land.We will maintain the right to land contracted farmers and expand the collective economy.Stable rural land contracting relations maintain unchanged for a long time,in adhering to and perfecting the strictest arable land protection system,to give farmers contracted land possession,use,transfer,profit and mortgages,guarantees the right to the contracted management of land power.Farmers should be allowed to invest in the development of agricultural industrialization.The“decision” also proposes to separate the rights of land from the management of the land.Establishing a system of agricultural land rights under the rights of ownership,management and the right of contract.It will be have played a certain role in the circulation of the land.This article is also based on this idea in the fourth part of the article that focuses on the way the land flows.A strong case is provided for the legal perfection of the post.The existing problems of China's land contract management right system.Because of the overload of the system function and the lack of legal power.The relevant policies and laws give the land contract and management rights to the political,social and economic aspects of the coverage of a wide range of institutional functions.In order to meet the demands of the diversity of the relevant subjects,such as the state,society,collective and individual.The different value targets of different system function demands are different.So that there is a structural conflict between the inevitable.Therefore,not only make the system function overload load for the land contract management right system can not bear.At the same time,the structural tensions in rural areas further aggravated.On the other hand,the right to land contractual management in the relevant substantive law,procedural law and special law.The serious lack of specific legal power.And the protection of the rights of the main body is not sufficient.In turn,it will restrict the function of the system.In the last section,the purpose of this paper is to construct the legal system of land contract management right on the basis of perfecting the function.To make it as a real right to achieve a variety of independent legal powers.Perfecting the legal right of the land contract and the right of civil rights.