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Research On The Validity Of The Contract For The Transfer Of Rural Land Contractual Management Rights

Posted on:2018-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:S LiuFull Text:PDF
GTID:2356330536965325Subject:legal
Abstract/Summary:PDF Full Text Request
China's agriculture issue has always been the core problem of our country.In some degree,the key measure to solve the agriculture issue is to speed up rural area's urbanization process.While speeding up the rural area's urbanization process needs to accelerate the transfer of land contractual management right.Especially in recent years,with the city's increasing job opportunities,a large number of rural population turn to the city's secondary and tertiary industries causing plenty of agricultural land abandoned seriously,which makes the transfer of land contract management right prevalent.The transfer of land contractual management rights is an important way of land circulation,has various restrictions on the law.From the calendar year of judicial search results,if the transfer of land contractual management right is against any of the provisions including without the consent of the contractor,the subject qualification(including the transferor and the transferee qualification)does not meet the requirement,transfer happened outside the village collective and without going through the democratic agreement,will be invalidated by the court.We can see that in the judicial practice,the judge will generally makes these three factors the limiting factors of the land contractual management's transfer.But,such a decision actually hindered the transfer of land contractual management right,infringed the farmers' self-governed right to the land contractual management right,violated the principle of honesty and credibility in the contract law,destroyed the property rights of the land contractual management right and meanwhile destroyed the land contractual management right's establishment in the trading market.November2nd,2015,General Office of the CPC Central Committee and State Council General Office issued the "ComprehensiveImplementation Plan for Deepening Rural Reform".Which put forward that the rural land system needed to be deepen reformed and the law needed to be revised immediately in order to promote the transfer of the land contractual management right's standardized and orderly.Under the background of the china's policy,this thesis studied a series of problems about contractor's agreement during the process of the transfer of land contractual management right.This thesis mainly focused on the limiting factors that affected the contract of the land contractual management right,including three legal issues that the contractor agreed the procedure limiting,the market subject qualification limiting,the transfer of outside village collective without going through the democratic procedure's limiting.This thesis mainly analyzed the validity of the contract of land contractual management right that violated these three factors,and analyzed the irrationality of the limitation of these three elements in the process of circulation of land contractual management right.The thesis from the aspects of legislation and judicature put forward legal suggestions that conform to rural present development and promoted the transfer of the land contractual management right.This paper is divided into four parts:The first part is the introduction which briefly introduces this thesis' s research background,research significance,research status and research method.The second part is the brief introduction of the case and the conclusion of controversy's focus.This part mainly expound the three interrelated case of land contractual management right's transfer disputes,and finally draws the legal focus to lay the foundation for the next writing.The third part is the theory analysis.This part is the key chapter which analyzes the above part's legal focus by the jurisprudence analysis.Also it mainly expound the reason of setting these three limiting factors from the aspect of jurisprudence,combined the recent transfer background of land contractual management right,analyzes the influence of the agreement on transfer contract of land contractual management right.The fourth part is the case revelation which mainly expounds the above three focus issues can not affect the validity of contract of land contractual management right.what's more,through the analysis of cases in this thesis,the author tries to put forward some specific recommendations from the aspects of legislation and judicially,expecting do help to the current transfer of land contractual management right.
Keywords/Search Tags:Land Contractual Management Right, Transfer, Limiting Factor, Validity
PDF Full Text Request
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