Research On The Legal Issues Of Rural Land Contract Management

The transfer of rural land contract management right is the reallocation of land contracted by farmers through the transfer of rights.The purpose is to improve the efficiency of land use,promote the scale of land management,promote the development of rural productive forces,accelerate the process of urban and rural integration.China's rural land contract management rights have been practiced for three decades,in theory and legal system,in fact,have achieved some good results,and promote the development of rural economy.But there are some controversial issues,it is difficult to theoretical and practical breakthrough.For example,the legal nature of rural land contract management rights,although the legal aspects have been decided,but the theoretical debate continues.For example,the transfer of rural land contractual management rights,mortgage issues,theoretical debate is still more intense.According to the investigation of the legal property of rural land contract management right,the dual view of rural land contractual management right is put forward,which is divided into the right of rural land contract management and the right of rural land.Then it analyzes the theoretical basis of the transfer of rural land contract management right,explains its necessity and feasibility in legal andeconomic sense,and expounds the connotation and characteristics of rural land contract management right.In fact,regardless of the permanent tenancy in our history,or the real estate rights of different countries,the transfer of rural land similar rights is very active,as a mature experience,the transfer of rural land contracting right is necessary.At present,China's rural land contract management rights transfer whether it is in the transfer method,procedural,standardized,or in the flow of supporting reform measures and so there are such problems.In view of these problems,this paper adopts the methods of literature research,historical research and comparative research,draws lessons from our country's history and foreign experience,puts forward the idea of establishing the new rural land contracting right with Chinese characteristics,and on this basis,A number of transfer of the controversial way carried out a careful analysis that the transfer of rural land contractual management should allow free circulation and mortgage,and to discuss the two concepts of circulation and rent.At the same time,this paper also puts forward that the rural land trust system,which is in line with the rural characteristics,is the basic model of rural land contractual management right,the platform of rural land contract management and the intermediary function of rural land trust service organization,and better guarantee rural land contract Operational efficiency and quality.