Research On The Recovery System Of Rural "Wasteland" Management Right

In the current law,only a few words make provisions on the recovery procedures and reasons for retreating rural "wasteland".The management right on “wasteland” is a kind of usufructuary right.it's useful for protecting land and using resources to research this system.so,it's worthy to understand and improve the rural “wasteland”management right recovery system.The recovery of rural “wasteland”management right has rich connotation.First of all,the "rural collective economic organization" should be taken as the main body for the recovery of the rural "wasteland" management right;Secondly,The object of reclaiming the "wasteland" management right in rural areas should be "right" rather than "land";Again,the nature of recovery can be interpreted as when the rural“wasteland” management right is Established,the landowners can exercise the right to terminate the rural “wasteland” management right when the rural “wasteland”management right is taken back.Recovering the rural "wasteland" management right and returning the land ownership to a satisfactory state of property rights change behavior;Finally,although the rural "wasteland" management right is similar to collection,but they are differences in land ownership changes and compensation,so it's not to be confused.There are many problems in the recovery of the “wasteland” management right in rural areas,such as reasons,procedures,and legal consequences,which need to be resolved reasonably.The “public interest recovery” shall be listed separately in the case of recovery,then we can reorganize the case of recovery in three categories:“the termination of the landowner,the expiration of the duration of the existence or the agreement of both parties,and the abandonment of the right holder”.In terms of the recovery procedure,first of all,the employer can set up a democratic decision-making procedure in the public welfare recovery,The recovery decision should be made in accordance with the 2/3 absolute majority decision;Secondly,the employer can set up a reminder procedure to urge the contractor to perform the responsibility in time;Again,the announcement procedure is used as a necessary procedure for recovery;Finally,the government can set up a approval procedure for recovery the rural“wasteland” management rights.About the legal consequences of recovery,the employer shall compensate the original contractor for the remaining term benefit of the rural “wasteland” management right in the case of “recovery due to publicwelfare” and “the contractor voluntarily surrenders the contracted land”;After the employer recovery the rural “wasteland” management right,the original contractor has the obligation to return the contracted land;As for the problems of existing things on the land and deal with the crops,the original contractor has the rights such as“receive the things”,“claim for beneficial expenses”,and the employer has the right such as “purchase the price”;Besides,the original contractor can request for the“wasteland” again after the end of the remaining period of right;...