Research On Withdraw System Of The Rural Contracted Management Of Land

On December 29,2018,at the 7th meeting of the Standing Committee of the 13 th National People's Congress,the decision on amending the rural land contract law was passed and will take effect on January 1,2019.The law makes new provisions on the protection of women's rights in the recovery of rural collective land contractual management rights and on the contractual management rights of rural households that work in cities.The withdraw of the rural contracted management of land right is gave by the law to the subject of collective land ownership,the subject of collective land ownership is to fight the management of land by it,it is a legal means to protect collective landownership,to solve the problem of rural abandoned land and at the same time realizing the fair distribution of rural land resources have positive role.Although the withdraw of the rural contracted management of land right have made clear provisions in related laws,but about the withdraw of the rural contracted management of land right in these regulations,the lack of the clear provisions on relevant system will lead to the subject of collective land ownership in the implementation of specific recovered in a lack of clear legal guidelines,proper can not use the rights to protect the collective land ownership;On the other hand may also damage the profits of the contractor in the withdraw.In the countryside,often dominated by village cadres to take back the contracted land,and the lack of the supervision of the collective members,it is likely some village cadres to seek illegitimate interests,to take back the contractor illegally or to damage the others interests of the contractor in the process of the withdraw,to decrease the unnecessary disputes.Consequently,this paper firstly makes a qualitative analysis of the withdraw of the rural contracted management of land right by expounding the attributes of it and focusing on the different views of current academic circles.Secondly,it focuses on analyzing the current legislative situation and the legal problems faced by the withdraw of the rural contracted management of land right in the existing regulations,and from the perspective of reality,exploring the difficulties of recovery behavior for special groups,such as foreign married women and college students and so on.Finally,in view of the above specific problems,this paper seeks solutions one by one,mainly to improve the procedures for recovering behaviors,to construct a protection mechanism for the withdraw of the rural contracted management of land right of special groups,to improvethe supervision of the recovery of land contractual management rights,and to construct corresponding relief mechanisms and so on.I hope we can fully implement the system give full play to the protection of the interests of the owners of collective land safeguard the contractor's rights in the recovery,and give full play to the function of land contractual management.