Difficulties And Legal Countermeasures Of The Circulation Of Land Management Rights

In the 1920 s,China's market economy became more active and the population mobility became higher and higher.In order to support China's industrialization and urbanization,a large number of rural laborers were transferred to areas with dense secondary and tertiary industries.The loss of land has led to unmanned farming in more rural contracted land.In the case of the imbalance between the original population and land resources,the utilization efficiency of land resources cannot be improved,and the process of agricultural modernization is also restricted.In the past few years,the country has continuously issued relevant policies to support the development of rural production and life.Among many measures,the separation of land management rights is of great significance to the revitalization of rural land.The transfer of land management rights will move the contracted land fixed in the hands of farmers to achieve the scale effect of land aggregation,solve the problem of untimely cultivation after population shortage,and make full use of land to achieve the optimal allocation of land resources.The newly revised Law on Rural Land Contracting clearly stipulates land management rights in it,which is a major breakthrough in the reform of the rural land system in China.Separation of land management rights is to distinguish the function of land-based social security of farmers from the function of increasing economic income.The transfer of management rights does not affect the farmer's land contracting management rights,and it also solves the problem of waste of land resources,enabling the agricultural industry to develop on a large scale and extending the industrial chain,thereby promoting the sustainable development of rural production and life.Farmers have a variety of transfer methods for the contracted land they enjoy,and voluntarily adopt any method to transfer their land management rights,which can better realize the property benefits of their land.Therefore,the purpose of this article is to discuss the basic mechanism of the transfer of land management rights,combined with the research on the status quo of the transfer of land management rights,analyze the legal difficulties faced by the transfer,and find relevant countermeasures in order to solve the land management rights These problems in the process of circulation will eventually realize the effective use of the scarce resource of rural land.The article is divided into four parts.First,the basic mechanism of the transfer of land management rights is described.Among them,the legal value and theoretical basis of the transfer of land management rights are the foundation of the legal construction of the transfer of land management rights and the explanation of the underlying basis.They try to demonstrate the transfer of land management rights at the civil law level The important value of the argument,and the argument is based on a solid theoretical basis;then,the analysis of the overall situation of rural land transfer in China,combined with the practical investigation of the locality of the transfer of land management rights,leads to the research focus of this article: the transfer of land management rights What kind of dilemma has emerged and the reasons for its formation;secondly,through the elaboration of the system for the transfer of land management rights,the basic countermeasures to solve the above-mentioned legal dilemma are explored and summarized.From "separation of two powers" to "separation of three powers",from the transfer of land contractual management rights to the transfer of land management rights,it focuses on demonstrating the design of specific rules for the transfer of land management rights,positioning the transfer of land management rights,and closely following the land The reasons for the dilemma of the transfer of management rights and the actual situation in China are designed with targeted relief measures;finally,it is a suggestion to improve the supporting system for the transfer of land management rights.The peripheral system is helpful to the realization of the value of the core system.Therefore,it should give enough attention to the auxiliary and promotion of the core system.