Research On The Legal Issue Of The Registration Under The Managerial Right Of The Contracted Management On Rural Land In China And Its Improvement

Since the reform and opening up,China's economic level has achieved leaping development.People's living standard has been greatly improved.Most of the social contradictions in the past have been effectively mitigate and solve.However,for many years,although the party and the state have invested a lot of manpower,material and financial resources in improving farmers' lives,developing the level of agriculture and fundamentally solving the problems of agriculture,countryside and farmers,they failed to achieve the desired results.Especially in the development of the overall economic level,the problem of rural economic development is becoming more and more prominent.With the introduction of the basic direction of the three rights division of farmland reform,the agricultural land reform in China has made rapid progress and achieved more ideal results.But with the deepening of reform,the construction of the short board system gradually,a great extent block three right separation reform process,the lack of rural land contract management rights is indeed the right registration system construction and distribution is one of the key problem in the.As the basic system of the reform of the three rights division,the original intention of the registration system of the right registration of the right to the contracted management of land is to provide a solid and powerful institutional support for the separation of the three powers.However,since the 2008 Central Document No.1 put forward for the first time to speed up the establishment of the registration system of land contractual management right,the right registration system of land contractual management right has not been able to establish a perfect legal regulation system in the development of nearly ten years.The reason,the original records on the one hand due to the historical factors of China's farmland system in the land contracting right of management the lack of accurate basis ordetailed,which results in larger obstacles facing the key issues in the screening right land area,duration and effect;on the other hand,the right behind procedures,registration procedures,administrative power distribution,information disclosure and other supporting system construction and undistributed also makes the right system of the right to land contractual management practice constrained.At the same time,between the land contract and management rights is indeed the right registration system and land registration system of power set overlap,the legislative level of the system is lack of clear specification of the relevant theories,the problem of supporting relatively weak and so is the objective of the further construction and improvement to block the influence.Under this background,this article is based on Jingyu County of Jilin province land contract management rights is indeed the right registration system of empirical data analysis,and the reality of the plight of the specific problems faced in the registration system in practice,combined with practical experience in various regions of China to further clarify these issues by.It is found that the difficulties in the practice of registration of the right registration in Jingyu county are mainly focused on the two focal points of the forest farmers' disputes and the lagging behind of the ownership.The root cause of these difficulties lies in the lack of system design and practice operation standardization.The problems in the practice of Jingyu county has a strong representation in the national scope,combined with China's overall land registration system of practical experience,can see the construction of the system to improve mainly causes the effect model of fuzzy,lack of procedural norms,the review system in vulnerability and the legitimate rights and interests of farmers lack of relief means four aspects.On this basis,aiming at the specific problems,starting from the reality background of rural land reform and localization experience,this paper attempts to explore a reasonable way to improve the registration system of land contractual management right registration in China.