Study On The Inheritance Of Rural Land Management Right

In recent years the land inheritance case although has the highest method guidance published case,but the number of such cases did not reduce trends,one of five categories but occupy farmland rights dispute case.This problem is not solved,and many scholars of our country have made a right to the contracted management of land succession,and from all aspects,with agreed with don't agree with.After the "three-power separation",the right to contract the land was separated into: land contract right and land management right.The purpose of this paper is to solve the inheritance of land management.In order to fundamentally eliminate the phenomenon of different connection with the sentence,promote judicial credibility,promote our country land inherited problems are solved properly,and provide theoretical basis for the construction of land management rights legal inheritance.To solve a problem well,you should first understand the background of the problem.This paper is the background of the inheritance of land management in China,and expounds the purpose and significance of solving this problem.To show the value of this article.Secondly,this paper involves several concepts in detail,from the land contract right,involve the types of the right to contract,then the land management rights,followed by inheritance,inherited conditions happened in detail.It lays the foundation for the detailed explanation of the problem and the reasonable solution to the problem.At the same time,the author sorts out the theories of the problem,and divides them into affirmation and negation,and the reasons and reasons for the reasons and negation of the detailed analysis scholars.To discover the contradiction of the problem.It provides reference for the following author to analyze the problem.Thirdly,the present legislation of this problem is analyzed in detail,and the law of the problem is analyzed in order to find out the problem.Then,by analyzing the instructional cases and analyzing the similarities and differences of the cases before and after the guidance cases,this paper analyzes the current development status and the degree of resolution of the problem.Next,in the present condition of fully understanding of the problem,put forward to solve the problem at present,mainly: first,the main body of land management and inheritance is inconsistent with the subject problem;Secondly,the relationship between inheritance and land ownership is complicated.Third,the contracting method and land division succession is unscientific;Fourthly,the policy and the law define the property rights of land contract and the usufruct of the right of management.Then,the solution to the above problems is proposed,first of all,the scope of the subject should be delineated,so that the problem can not be solved by the lack of agreement between the right of land management and the right of succession.Secondly,the property rights of land management rights are clarified.Thirdly,provide the inheritance mode of land management right;Finally,uniform policy and legal provisions make the issue consistent with the policy and the law."Separation of division prior to the contracted management of land in our country" inheritance research there are a lot of problems,"separation of division",few scholars study alone land succession,based on the predecessor research to the contracted management of land,on the basis of succession,the analysis of "separation of division" under our country land management succession,can be said to be standing on the shoulders of giants.The land contract right and the right of management are divided for the better development of agriculture,and for the better development of agriculture,the inheritance of land management rights is bound to be solved.Both theory and practice call for the legal perfection of the inheritance of land management rights.In this paper,the expectation can provide a reference for solving the inheritance of land management rights in China.