Research On The Legal System For Turnover Of Right Of Management On Farmland

With the leap development of industrialization and urbanization,a large amount of rural labor force have migrated to urban areas,and the new generation children of farmers are reluctant to till land,which has led to serious problem in the abandonment of rural farm lands and it's difficult to make good relocation of rare land resources.With the implementation of the new Rural Land Contract Law on January 1st,2019,there are clear stipulations about the land management right by the law,which has been a major innovation in China's rural land reform.It has divided the land contracted management right into land contract right and land management right.Not only will it be conducive to realizing the social security role of land to farmers,but it also improves the efficiency of land use.The turnover of land management rights will guarantee the social security function of land contracted management rights for farmers;at the same time,the turnover of land management rights can also solve the problem of wasting land resources and adjust the structure of agricultural industry,thus it will promote the sustainable development of rural agriculture.The farmers have some rights about the contracted lands such as rent(subcontract),shareholding,mortgage,etc.,which is more conducive to guarantee the farmers' property rights and interests of the land.Since China has the unique contradictions between people and the land which has restricted the development of modernization of rural areas.The turnover of land management right can effectively solve the problem of wasting rural land resources and also promote the efficient flow of agricultural land resources and realize the rational allocation of land resources.Thus the analysis of the legal system of the turnover of agricultural land management rights and its existing problems and corresponding modifications and improvements will improve the agricultural productivity of rural areas and promote the moderately large-scale operation of agriculture by the integration of rural land resources.And the relocation of rural rare land resources can be achieved.The market and the government act as two driving forces to promote farmland management rights circulation,and jointly play a role in promoting land management rights circulation.The agricultural land management rights circulation is conducive to improving land use efficiency.As a public resource,land relies only on market regulation and cannot achieve social equity.Therefore,the government should play abetter role and take overall control over the farmland management rights circulation.The market and the government work together to balance the efficiency and fairness on land allocation,improve land utilization,and ensure social equity.However,in the process of the farmland management rights circulation,the legal system for the agricultural land management rights circulation has not yet been formed,which has caused insufficient driving force for the market and the government.Specifically,the government's mis-oriented improper functions or excessive intervention,the legal system is insufficiently regulated by the market operation mechanism,and supporting system for farmland management rights circulation is imperfect,resulting in the disorderly farmland management rights circulation and hindering the modernization of agricultural production.To this end,by analyzing the land transfer system in typical countries such as the United States,the United Kingdom,and Japan outside the region,we can see that the foreign countries have appropriately intervened in the land transfer,but the government behavior is also strictly restricted.The complete legal system for representative agricultural land transfer is complete,comprehensive and systematic in foreign countries,,which is an important factor to ensure the land transfer market to develop well.The market has achieved a high leveled land transfer marketization under the government's moderate intervention and legal regulation.Therefore,under the conditions of the characteristic socialist market economy in China,we must loosen the land management right,realize the moderate-scale operation in agricultural production,establish a legal system for farmland management rights circulation,and improve the various systems for farmland management rights circulation.It is indispensable for the government to moderately intervene in the farmland management rights transfer market,to avoid excessive or inaction by government intervention,to interfere with the normal operation in the farmland management rights transfer market,and indirectly regulate government intervention by the law.That is to clarify the role of the government,the principle of intervention,and the means of intervention.;The law directly regulates agricultural land management rights circulation,improve the agricultural land management rights circulation,and improve the transfer supporting system.Thereby giving play to the decisive role of the market in land resources,giving full play to therole of the government,promoting the transfer of farmland management rights,and realizing agricultural modernization.