Research On The Dilemma And Perfect Path Of The System Of Adjusting Contracted Land

The adjustment of the contracted land refers to the system of making appropriate adjustments to the contracted land of the contractor(a farmer household)through the legal procedure during the contract period of the rural contracted land due to severe damage to the contracted land due to natural disasters and other special circumstances.The adjustment of rural contracted land is different from the recovery of rural contracted land and the return of contracted land,but the three systems have a regulating and distribution effect on rural contracted land.Nowadays,the adjustment of rural contracted land faces norm conflicts and practical dilemmas.Normative conflicts are reflected in: conflict of legal values,contradiction between the adjustment of rural contracted land during the contract period and the real right effect of rural land contractual management rights,the phenomenon of conflicts between the formulated village regulations and national laws,and no legal level.The "special circumstances" applicable to the adjustment of the contracted place shall be specified and explained.The real dilemma is manifested in the following: the confusion of the concept of adjustment of contracted land leads to the “superficial consensus” of the adjustment of contracted land,the tendency of the contradiction between rural people and land is increasing,the phenomenon of “fine fragmentation” of rural contracted land is prominent,and the circulation of land management rights cannot compensate for the restriction Problems such as the imbalance of interests caused by adjustment.The basic attitude of the central government and existing legislation is to "keep the land contracting relationship stable and unchanged for a long time." The purpose of "maintaining the land contracting relationship is stable and long-term unchanged" is to achieve "the perpetrators have perseverance" to the greatest extent,so that the peasants can have a stable source of living.However,this does not mean that the adjustment of contracted sites cannot be carried out at all.The rural contracted land adjustment system needs to adhere to the principle of combining "stability" and "flexibility",adhere to the principle of combining law with democratic agreement,adhere to the people-oriented principle,take into account the principle of fairness andefficiency,and adhere to the principle of combining the bottom line with local conditions.Then,under the guidance of basic principles,improve the rule design of rural contracted land adjustment problems and solve various problems of rural contracted land adjustment.Specifically: First,optimize the existing contractual land adjustment system.For example,in the contractual contract,it is prudent to stipulate the "no contractual land adjustment" clause,expand the interpretation or enumeration of the "special circumstances" at the legal level,and formulate the Village rules and regulations to achieve efficient villager self-government,establish a "replacement system" of rural contracted land,and increase the number of rural land available for adjustment of contracted land;Second,explore a new form of "foreign aid" to solve problems and improve farmers' social security systems;Third,optimize the design of program rules.