Research On The Inheritance Of Rural Land Contract Management Right

The contracted management right of rural land refers to the contractor in the peasants'collective ownership or state owned collectively by the peasants to use land,woodland,grassland and other agriculture land according to the law on contract management,possession,use,income and disposition rights.Both in theory and practice,the inheritance of land contract management right is a very important problem.The inheritance of the right to contracted management of land decides the loss and acquisition of the right to contracted management of land,which is related to the vital interests of farmers.Although,in theory and practice,people hold different views on the issue that if the right to the contracted management of land can be inherited,because the land contractual management right is property rights in essence,and has the characteristics of property and circulation,etc.Hence,it presents the features of inheritance,which determines the right to land contractual management is necessary and feasible to inherit in reality.As the "Inheritance Law" is the basic law on the issue of inheritance,therefore,the inheritance of the right to land contractual management should follow the fundamental provisions of the inheritance law.But in view of this special type of heritage,the household contract has the right to land contractual management,so the inheritance should be subject to the necessary restrictions,namely the official state organs and institutions work as well as formal employees working in state-owned enterprises to the land contracting right does not enjoy the right of inheritance.Because the contracted management of four waste land property right is more typical,neither having identity nor bearing the social security function.As a result of the shortage of the right to land contractual management,the entity of inheritance should have no limitation.In the terms of the way of inheritance,inheritance pattern differentiates to heirs and successors,in relation to the identity of heirs,the number of people and land conditions.In order to maintain the unity of the legal system of our country,protect the interests of farmers,and enable farmers to enjoy more adequate as well as perfect land rights,it should be recognized that the right to land contractual management can be inherited.