A Study On The System Of Transferring Right To The Contracted Management Of Land

According to the regulation of “the rural land contracting law”,the transfer of right to the contracted management of rural land is divided into two kinds.This article only discuss with acquired by means of household contract right to the contracted management of rural land transfer.Transferring is the law of land contracted management right defined by law in our country.Compared with other modes of circulation,transferring is "thorough",that is transferring all or part of the land contracted management right in the remaining contracted period to other farmers.If all of the land contracted management right was transferred,the original contractor need to meet the legal restrictions on the circumstances of this situation and exit the contracting relationship.At present,under the circumstance of the land contracted management right being social security,there are risks of the transferring to farmers.Therefore,relevant laws in our country set a lot of restrictions on transferring,and the scale of agricultural development is being suppressed.At present,in order to solve the above problems,many areas in our country is carrying out the practice of "separation of two rights".However,transferring rural land management rights has not yet formed an effective market,and the supporting system is not perfect.Therefore,it is of theoretical value to study the legal system of land contracted management right based on the two rights' separation.The first chapter of article is a summary of the contracted management right system from the aspects of connotation,legal characteristics and institutional changes.The second chapter discusses the present situation and the predicament of the land contracted management right transferring.The third chapter discusses the theoretical remodeling of land contracted management right.Firstly,the new theory,that is,the secondary property rights and the "separation of the two rights" are analyzed;secondly,the "separation of powers" theory is reconstructed;finally,the nature and content of the two rights should be discussed.The fourth chapter discusses the construction of the new transferring system and the construction and perfection of the related supporting system.