The Legal Structure Of The Land Contracted Right And The Right To Manage Land

The land contains political value,social value and economical value,and the three values drag each other in the situation of game matrix.The construction of land system should help these three values work in balance and meanwhile,maximize the land efficiency.The current dual system,which includes collective ownership of land and contractual right of land,ignores the value of economy,and therefore,it builds disadvantages to the development of agricultural economy.For make the best possible results of land's economical value,parting the contractual right of land into contractual right and right of management is inevitable.On this basis,this thesis will try to make a legal construction of contractual right and right of management.The contents include the classification and definition of different types of land circulation system---transfer and interchange are the transfer of contractual right,which is the transfer of real right,while selling and assign land are the transfer of management,which is the transfer of creditor's right.On improving the system of land mortgage,the contractual right and the crops with long growth cycle and high economical value should be considered as independent mortgage,and the parties can negotiate on the details.People who has theright of mortgage is in practice the one with the right of contractual,thus only banks and other financing institutions should be regarded as mortgagee.The thesis also discusses about the benefits' allocation plan of land expropriation compensation and young crops compensation among collective economic organization,contractor and actual operator.The inheritance of land's contractual right and management right has also been discussed.On the last part of the thesis,the possible conflictions that might cause from the depart of these two rights has been brought out,the solutions and strategies are also been discussed.The weak change of rights is in essence one of the performances comes from the "one object with more real rights"phenomenon,which is actually common to see in modern economic society,therefore no need to over alarmed by it.The final part is the discussion about the relationship between large-scale production and the food security,and the difficulty on land's mortgage right in practice.