Research On The Subject Of Land Contracting And Management Rights

In the late 1970 s,China established a land management pattern called the family-contract system of the countryside,and identified farmer household as the main body of the land contracting management right.However,due to the lack of practice and insufficient theoretical basis,some problems of the subject system of land contracting right,have been exposed in practice.For instance,what impact will it have on the overall land contracting rights if some members of the household have changed.And how to establish the law corpus position of family farms and professional investors.These are the issues that need to be further clarified in current law.Therefore,it is in this context that this paper attempts to explore a new subject system of land contracting right,suitable for new agricultural mode on the basis of the existing theoretical research.In the main body,four parts are expounded.The first part mainly studies the legal provisions and theoretical disputes of the subject of land contract management.Firstly,based on the current legal provisions,this part analyzes the problems existing in the original and the successive subject of land contract management.Secondly,under the premise of clear peasant household connotation,this paper analyzes the legal significance and legal status of farmer household and natural persons respectively.And then it further puts forward that it is reasonable to classify farmer household as unincorporated organizations.Moreover,the legal relationship of co-ownership jointly between the members of the peasant household can not only protect the overall interests of the farmers,and it can also properly balance the interests of individual members.The second part mainly discusses the predicament of the main body of land contracting right.First of all,surrounding the theme that who is the main body,the farmer or the individual,this part analyzes the current dilemma of the main body of the land contract management right in combination with several judicial cases.Secondly,in the process of land transfer,if the successive subject of land contract management is limited to farmer household,the development of the new agricultural business entity will be suppressed.Thus,this paper concludes that expanding the scope of successive subject and fostering new types of agricultural business entities is the fundamental solution to realize agricultural modernization.The third part mainly discusses the improvement of the main body of the land contract management under the new agricultural management system.This section first analyzes the right state of the right division of rural land,and presents that whether or not the land is in a state of circulation,there should be only one division of land rights,that is,rural land ownership rights,contract rights,and management rights.And on this basis,it isconcluded that the subject of land management is not limited to individuals.Other organizations can also be the main body as long as it has the right basis.Ultimately,this part establishes the legal status of new types of agricultural businesses,such as family farms,and a complete main body system of land contracting management right is further achieved under land circulation.