The Research On The Circulation Of The Right To Contracted Management Of Rural Collective Land

Chinese government has canceled the agricultural tax and historically started to give agricultural subsidies to farmers directly since January 1st,2006.In spite of this,farming is no longer the majority of farmers' primary way to make a living.Urban and rural differences make the rural labor force continuously transferred to the second and tertiary industries.With the development of socialist market economy,China's urbanization rate keeps on increasing in these years.The urban population has accounted for 51.27% of the total population by 2011,which represents that the urban resident population surpassed the countryside for the first time.It is commonly seen that farmers are unwilling to cultivate,resulting in arable land being abandoned.The meticulous farming style of agricultural production has come to the end of history,the development of modern agriculture is imperative.In practice,there are some problems in the acts of circulation of rural land contracted management right such as altering the agriculture use of contracted land and the contractors' social security problems after land transfer,which is common and obvious.There are no clear laws or provisions to define whether the family-style land contracting right can be inherited or not,which causes controversy in practice.According to the effective law and regulations,the collective land use rights are generally not allowed to be used as mortgages.However,the business households urgently ask for a loan by mortgaging the land management right.At present,it is allowed in some provinces and cities that the collective land use rights can be mortgaged by the ways of setting up the pilot areas.The premise of the circulation of rural land contracted management right is registering to confirm the right.Some farmers can hardly distinguish the rural land ownership from contracted right.And those farmers' land are scattered.All those factors make the registration job tight and difficult.In this paper,we try to put forward the legal response to the circulation of rural land contracted management right in our country by analyzing the issues above,and learning from that in foreign countries.The key to the permits of mortgage on land management right is to take precautionary measures to reduce risk,prevent the impact if the bank achieve the mortgage on the land.The problem of social security for farmers should not be overlooked.Government should put in more investment on social security to solve farmers' concerns after the transfer of land.Government should also focus on supporting the new business entities such as farmers' professional cooperatives and family farms.In short,this series of reform work should be carried out within a comprehensive legal framework.Laws and provisions should be enacted as detailed as possible and be modified in accordance with the practice,which will finally realize the agricultural modernization in China.