Research On The Legal Issues Of Rural Land Contract Management Right Circulation

Right to the contracted management of land as an important right of the peasants,is the right of farmers engaged in agricultural production and operation activities.right to the contracted management of land is along with the establishment of the household contract responsibility system,being of great significance at the time,and it plays a huge role to our country agricultural production and rural economic development.However,with the further development of rural economy in our country,people's pursuit for the standard of living is higher and higher,since traditional family contract responsibility system has not been able to meet the needs of rural economic development,it's the very high time to explore new business model to meet the needs of rural development.For now,the right to the contracted management of land as the breakthrough point is the foot stone of the new land production management pattern,and we should deregulate the contracted management of land circulation mode.Therefore,improving the system of right to the contracted management of land circulation is of great significance to realize the agricultural scale,specialization,at the same time it also can greatly promote the development of rural economy,realize agricultural modernization,promote urban and rural integration,and increase the farmer's economic interests.Considering with the specific circumstances of Xiangxi autonomous prefecture,Hunan province,this paper would reveal the existing problems of the circulation based on contracted management of land,and put forward a preliminary idea for improving Xiangxi autonomous prefecture's circulation of the right to the contracted management of land.According to the 19 th National Congress of the Communist Party of China,there would have a deepening reform of the rural land system,building a modern agricultural production and management system,and developing various forms of moderate scale operation.Right to the contracted management of land circulation system is an important part of land system reform,as a property of usufructuary right,this article explicitly expounds its difference with land contract right: land contract right is a kind of right that one can obtain the land-use right only because its specific identity.From the practice of the land circulation in xiangxi,however,there are still some serious problems that are the subject of land contract right being not clear,the right to the contracted management of land circulation way being not clear,the right to the contracted management of land circulation content,scope of right to the contracted management of land circulation problems being fuzzy.Aiming at the dilemma above,this paper proposes the following solutions from four aspects: firstly,on the legislation,the boundary of land contracting rights subject should be clarified,and the transfer of land contracting and management rights should be standardized to reduce the improper control over the transfer of contracted management rights.Secondly,on the judicature,the transfer of land contract management right disputes should be categorized properly.Thirdly,on the law enforcement,clarifying the power and responsibilities between the government at all levels,and providing land circulation relevant supporting services,such as establishing the third party land price evaluation system,strengthen the legal system propaganda,provide necessary legal services.Fourthly,on the law obeying,the judicial and law enforcement apartments should be properly executed their powers according to law,meanwhile the individual should also use their rights according to law and comply with its obligations.