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Study On The Implementation Mechanism Of Agricultural Land Contract Management Right

Posted on:2020-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:L M LiFull Text:PDF
GTID:2416330572994287Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The separation of the three powers has complied with the transformation of rural land relations,conforms to the inherent requirements of high income and low cost of institutional changes,promotes the rapid development of agricultural industry,promotes the continuous differentiation and transfer of rural labor,and fosters new agricultural management entities.Stable contracting relationships are of great significance.The land contractual management right is the core of China's rural land property rights system.Improving the implementation mechanism of the agricultural land contract management right exit system is an unavoidable problem in the rural property rights system reform in China's urbanization process.With the rapid development of urbanization and industrialization,most rural laborers are transferred to cities and towns,and the exit mechanism of agricultural land contractual management rights should be improved.The principle of voluntary compensation should be taken as a premise to respect the farmers' willingness to protect the land contracting of farmers.Based on the rights and interests,the farmers who have returned to the land can withdraw from the farmland contracting management right in an orderly manner,which is an important part of the overall planning of urban and rural development.Secondly,land contractual management rights,as the land rights and interests enjoyed by farmers,have the function of property and security.When farmers withdraw from the contractual management right,they need to respect the farmers' willingness and choice to protect the legitimate land rights of farmers.Therefore,to improve the deficiencies in the process of withdrawing agricultural land contract management rights,to prevent violations of farmers' interests,to further improve the implementation mechanism of agricultural land contract management rights exit system,to strengthen the stability of agricultural land contracting relations,and to coordinate urban and rural development,to ensure Farmers' land rights and interests have important theoretical and practical significance.Based on the development of urbanization,this paper analyzes the exploration and reform of the rural land contractual management right in the practice,and analyzes the current situation and shortcomings of the rural land contractual management right withdrawal mechanism.With the newly revised Law on Rural Land Contracting of the People's Republic of China(hereinafter referred to as the “Rural Land Contract Law”),the agricultural landcontractual management right is revised and revised as a guide to establish and improve agricultural land suitable for China's national conditions.The contractual management right exited the implementation mechanism and put forward corresponding suggestions.The first part mainly sorts out the exit system of agricultural land contract management rights in China.Firstly,it expounds the connotation of China's agricultural land contract management right exit system.Secondly,it introduces the historical changes and institutional development process of China's rural land contract management right exit system.Thirdly,combined with the newly revised Rural Land Contract Law,it explains China's agriculture.The method and requirements for the withdrawal of the contracted management right.Through the combing of the exit system of agricultural land contract management rights,the theoretical foundation for the improvement of the implementation mechanism of agricultural land contract management rights is laid.The second part mainly combines the background of the revision of China's agricultural land contract management rights,and discusses the implementation status and practice of the current agricultural land contract management exit system in China.By summarizing the shortcomings of China's existing agricultural land contractual management right to withdraw from the implementation mechanism,the following lays a practical foundation for the improvement of the implementation mechanism of the agricultural land contract management right exiting the implementation mechanism.The third part is based on the newly revised "Rural Land Contract Law" and based on the specific implementation and application of the agricultural land contract management right exit system.Since there are still some shortcomings in the implementation of the current agricultural land contract management right withdrawal mechanism in China,it is necessary to refer to the relevant provisions of the newly revised Rural Land Contract Law on the withdrawal system of agricultural land contractual management rights.The implementation mechanism of the exit system of agricultural land contractual management rights in China is reinterpreted and applied,and the corresponding mechanism in the process of withdrawing agricultural land contractual management rights is improved,so as to better protect the legitimate rights and interests of farmers returning land.
Keywords/Search Tags:Agricultural land contract management right, Contracted management right exit, Exit implementation mechanism
PDF Full Text Request
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