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Circulation Of The Right To Rural Land Contractual Management

Posted on:2020-01-28Degree:MasterType:Thesis
Country:ChinaCandidate:X Z HuaFull Text:PDF
GTID:2416330572476110Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The system of rural land contractual management rights is based on China's national conditions and the actual situation of rural areas.It is developed with the reform of China's land system.The system has different connotations in different historical periods.Generally speaking,the rural land contract management system adapts to the development needs of the society and the development of productivity requires continuous innovation at any time,providing a basic guarantee for the development of rural society,the advancement of agricultural technology and the increase of farmers' living income.China's land ownership system is divided into two forms of state ownership and collective ownership.The transfer of rural land contractual management rights is another major reform following the rural land and household contract responsibility system.It is an innovative choice for China's land system to continuously combine economic and social development.The transfer system of rural land contractual management rights has realized the goal of rational allocation and full utilization of rural land resources to a certain extent.The transfer of rural land contractual management rights is to change the backwardness of rural areas,realize the poverty alleviation,increase income and prosperity of farmers,and promote the integration of urban and rural areas in China.One of the important entry points for narrowing the gap between urban and rural development is also the only way to achieve the goal of moderately large-scale operation of modern agriculture.At present,with the continuous improvement of relevant legislation,the related ambiguity has been confirmed,and the restrictions on the transfer of rural land contractual management rights have been continuously liberalized.The Property Law of 2007 promulgated the rural land contractual management right as the usufructuary right.With its legal basis,the new Rural Land Contract Law,which was implemented on January 1,2019,appropriately liberalized land shares and mortgages,added new land management rights,and implemented a three-power separation system..These legislative innovations and advancements have provided institutional guarantees forcirculation and effectively promoted the circulation of rural land contractual management rights.Due to the social changes,the relationship between urban and rural areas has become increasingly close,and the scale of rural land contractual management rights has shown a growing trend,and relevant institutional reforms have begun to bear fruit.But there is still room for improvement.First of all,one of the requirements of urban-rural integration is the coordinated development of urban and rural areas.Due to the strong demand for labor in urban development,the number of rural migrant workers is increasing,and the contribution of rural to urban and national economic development is increasing,but it also causes The problem of rural land contracting and management rights is one of the main ways for urban investment in rural areas.However,due to the lack of incentives for rural investment,urban industrial and commercial capital has insufficient investment in rural areas.Secondly,the academic circles have not paid enough attention to the transfer of rural land contractual management rights,especially the lack of systematic research.There are certain problems at the legislative level and the practical level: at the legislative level,first,the relevant legal provisions are not uniform,and there is a certain The second is that there is a partial ambiguity in the legislation of land ownership.When the ownership of land is unknown,there is no legal basis and basis for the transfer of rural land contractual management rights.Third,the transfer of rural land contractual management rights is easily disturbed.The positioning of relevant organizations and individuals in the process of circulation is not clear;the fourth is the lack of systematic norms in the transfer procedures of rural land contractual management rights,leading to the phenomenon of irregular circulation in the real world;fifth,the imperfect protection mechanism of the parties' rights and interests,affecting the enthusiasm of the parties,6 It is imperfect to set up a special dispute resolution mechanism such as the transfer of rural land contractual management rights,resulting in failure to resolve the dispute in a timely and effective manner.On the practical level,the first is that the circulation mode is single,mainly based on leasing and subcontracting.Although the circulation scale has increased,there is still a certain gapbetween the requirements of the moderate scale and intensive management of modern agriculture,such as the problem of land idleness such as abandoned land.The second is that the relevant departments provide insufficient services during the transfer of rural land contractual management rights,and the land transfer market lacks strong guidance.The supervision of transfer procedures and contracts is insufficient,resulting in more disputes and greater randomization of farmers.The third problem is that the income generated by using rural land for agricultural production is far lower than that of other industries.Therefore,many industrial and commercial capitals have changed the use of agricultural land to non-agricultural land after being involved in the transfer,which seriously affects agricultural production and the country.Food security.Fourth,in the process of transfer of rural land contractual management rights,the relevant service departments are not fully equipped,and the farmers have insufficient grasp of the circulation information,it is difficult to obtain sufficient information,and they are often at a disadvantage in the transaction process,failing to achieve equal status of both parties.The goal is that the peasants have limited income in circulation,which leads to a low level of market circulation.From the perspective of farmers,it fails to achieve the goal of affluence through circulation.From the social level,it is difficult for rural land to fully realize its potential..In order to change the current situation of the transfer of rural land contractual management rights,this paper will introduce the relevant systems and put forward some suggestions in the context of China's rural social environment,aiming to provide suggestions for the current rural land reform and protect the legitimate rights and interests of the parties.
Keywords/Search Tags:rural land contractual management rights, circulation, scale, marketization
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