Study On The Legal System Of The Circulation Of Chinese Rural Land Contracting Management Right

The legal system of rural land contractual management right transfer refers to the sum of laws,regulations and policies of rural land contractual management right transfer,exchange,lease,transfer or other forms of transfer.Studying and perfecting the legal system of rural land contractual management right transfer in China has a great meaning of promoting moderate scale operation,developing modern agriculture,increasing land use rate and standardizing rural land use.The problems in the legal system of the transfer of contractual management right of rural land in China are mainly reflected in the following four aspects: the imperfect legal regulation to promote the transfer of contractual management right of land,the insufficient enforcement of law to protect the transferee's right of management,the insufficient supervision in the transfer of contractual management right of land,and the imperfect market mechanism of the transfer of contractual management right of land.Specifically,the problems include promoting the legal regulating of the right to the contracted management of land circulation which leads to the phenomenon of abandoned serious insufficient enforcement of security rights to the assignee crop was plunder,altering failure in effectively curbing the land using behavior,the rural land circulation behavior secretly combat is not enough,ineffective connection with the market mechanism,unsound circulation platform and the unperfect the market trading rules.The legislation of right to the contracted management of rural land circulation,the theory and the practice in China should be combined,legal system of right to the contracted management of rural land circulation in China should be further improved,in order to promote the legal regulation right of the contracted management of land circulation,strengthen the protection of rights to the assignee and law enforcement,strengthen the supervision to the contracted management of land circulation,establish and perfect the contracted management of land circulation market system four aspects.Specifically,our country should develop the agricultural economy,improve the agricultural subsidies,establish farmland abandoned charging system,perfect the rural social security system,increasing sanctions for violations of the law,strengthen the education for popularization of legal knowledge to the public,promote illegal circulation cost,strengthen the circulation of land use regulation as well as the trading platform construction,and improve the trading rules.