Research On Evaluation Norms Of The Right To Operate Contracted Rural Land

Since the Third Plenary Session of the 18 th Central Committee,China has gradually launched an in-depth exploration of the peasants' property income channels in the process of rural economic development,and the transfer of the right to operate contracted rural land is an important attempt to solve the property income of farmers.In2018,Law of the People's Republic of China on the Contracting of Rural Land first established land contract right and land management right,which had a major impact on the farmland usufruct,and the importance of the economic function of the right to operate contracted rural land stipulated in the Property Law of the People's Republic of China is also more prominent.Therefore,the evaluation of the right to operate contracted rural land is extremely important in the rural land transfer market,and it has also become the focus of society.Judging from the legal provisions and realistic results,there are many legal problems in the application of evaluation norms.Theoretically speaking,the right to operate contracted rural land,as a property right of real rights,has characteristics such as value and circulation,which can be used for financing and then enter the market circulation,fully reflecting its value interests.However,the versatility of the right to operate contracted rural land determines that it is different from the general asset circulation.The relationship involved is complicated and cannot be completely dependent on market regulation.Therefore,the legal relationships and problems embodied therein need to be regulated and adjusted through specific norms.In practice,the value exemplification of the property rights of the right to operate contracted rural land is hindered,so the transfer of the right to operate contracted rural land faces many problems like evaluation difficulties,financing difficulties and unbalanced distribution of the increment interest of land.This paper uses normative research and case empirical research to find that the evaluation of the right to operate contracted rural land lacks a sound normative system.It is embodied in the serious lag of legislation,the low level of applicable norms,the vagueness of evaluation theory,the unclear subject status of ruralland rights,and the inconsistency among regulations.Therefore,it is of great significance to solve the problems of the system,logic and interpretation of the norms of the right to operate contracted rural land.Adhering to the right orientation of the evaluation of the right to operate contracted rural land,following the basic principles of civil legal relations,and adhering to the basic spirit of the peasant's dominant position,in the theory of value composition,the value of the right to operate contracted rural land is divided into the value of rural land profits rights,the value of rural land use rights and the value of rural land disposal rights,which are not only reflected in the physical value of rural land.Due to the multiple functions of the right to operate contracted rural land,it is determined that the evaluation norms must follow the legal and logical elements of the law.Specifically,it is necessary to sort out and improve the norms related to the evaluation of the right to operate contracted rural land,so as to ensure the clarity and unity of the entire specification and the order of the evaluation procedures,and on the basis of improving relevant laws and regulations,establish the legal norms for the optimal allocation of property benefits for the right to operate contracted rural land.The first part of this paper starts from the basic issues of legal property and function identification of the right to operate contracted rural land,aiming to explain the value of the right to operate contracted rural land and the property value of evaluable property rights,and characterizing it as an evaluation object is in full compliance with legal theory requirements.In addition,the right to operate contracted rural land as a special evaluation object,carrying a number of functions.Therefore,its norm-setting should be followed a specific value orientation.The second part is the key part of the article.This part examines and analyzes relevant laws and regulations,departmental rules and regulatory documents,local government regulations and normative documents,and industry standards,and based on the analysis of the policy documents related to evaluation from 2012 to the present,the important provisions of the rural land transfer and evaluation are mainly interpreted,in order to explore the problems of the current relevant norms.The third part is to use two cases for empirical analysis.Through the study of Chongqing local texts,examines the application of existing the right to operate contracted rural land evaluation norms in practice,and analyzes the applicable effects and existing problems of existing norms.The last part proposes a legal concept for solving the problem based on the questions raised in the second and third parts.