Study On The Legal Issues Of Rural Land Contractual Management Right Circulation Under Urbanization

Household contractual responsibility system has played a positive role in the history for man years.It liberated the productive forces greatly.But with the development of the society,especially the accelerating urbanization process and the rapid rise of industry and “three rural” issue,we need change traditional agricultural development to modernization so as to adapt to the current development situation.But the current decentralized management increasingly hinders the formation of agricultural scale operation and ties too much manpower,leading to low efficiency of agriculture.We need to take full advantage of rural land to realize land economic benefit extremely.Thus,the era of the transfer the right to the contractual management of rural land has become inevitable.The related laws and policies also have issued in our country,especially the State Council takes it seriously in form of the No.1 Central Document.All of these played a significant part in maintaining and protecting the legitimate interests of right to the contractual management of rural land.China's legislation on rural land has put more attention on the stability.This conservative legislative theory is not consistent with the socialist market economy and contrary to the construction of the urbanization as well.Similarly,some regulations of these laws and policies to the contractual management of land circulation are too general,such as the problems of rural collective land ownership,as well as the certain restrictions to the transfer of land ownership.It makes them has not strong interoperability in reality,affect the land circulation process and cause some disputes in the process of circulation.The lack of corresponding legal system in our country restricted the transfer of right to the land contractual management in the urbanization process severely.The circulation market mechanism is low sound and lack of market intermediary service system,as well as insufficient rural social security system.At the same time the circulation of rural land don't adapted to the development of urbanization.A large number of surplus labor force has not realize their value during the development of the urbanization and the reform of right to the contractual management of land circulation.This announces us right to the contractual management of land circulation under the urbanization process need pluralism.We not only need realize land urbanization but also population urbanization.So as to realize the agricultural modernization and urbanization of people-oriented,we need complete and specific laws and regulations to regulate and guide.We should constantly improve the legal system normatively and promote the right to the contractual management of rural land reasonably and orderly,realize coordinated development of urbanization and the right to the contractual management of rural land circulation.This article from definition,connotations and features as well as relevant legal process of the urbanization and our country's right to the contracted management of rural land circulation analyzes some problems and issues in the current and gives the corresponding suggestions.The perfection of legal system of contractual management of rural land circulation under urbanization process plays a vital role in promoting national economic development and expending domestic demand as well as the rural development and the construction of harmony of society.