Research On The Exchange System Of Rural Land Contract Management Rights In My Country

Rural land as a non-renewable scarce resources,is the basic elements of social and economic development,but also human beings engaged in agricultural production and create social wealth of material basis.The right to land contractual management is the most basic land property right of the majority of peasants in China.The legal system of rural land contracting right exchange is one of the basic contents of Chinese rural land legal system.Land contractual management right exchange is the transfer of property rights in the circulation of land contracting right,the essence of exchange is the exchange of rights itself.After the exchange of land contractual management right,the relationship between the original contractor and the contractor becomes the relationship between the contractor and the contractor after the exchange.The rights and obligations of both parties are also adjusted and changed accordingly.The theoretical deepening and perfecting of rural land contracting right are not only closely related to the improvement of peasants' income and living standard,but also to the redistribution of agricultural land resources,the optimization of agricultural industrial structure and the realization of social fairness.influences.The current legislation stipulates that the land contracting right exchange takes the registration antagonism,which deviates from the real property registration right and the principle of separation of material debt from the real property right established by the general law of the Property Law to a certain extent.In order to make the operation of farmland exchange system more consistent with the spirit of"Property Law",to maintain the order of farmland exchange transaction and guarantee transaction security,this paper puts forward the idea of land use right exchange swap.The imperfect mechanism of agricultural land exchange dispute resolution leads to the difficulty to defend the rights of the peasants in the process of exchange.Therefore,it is necessary to construct and perfect the diversified dispute resolution mechanism of land contracting right exchange.In addition,the lack of legal culture and legal awareness of the vast majority of farmers and the imperfect of the dispute settlemcnt mechanism have led to the chaotic and arbitrary nature of the practice of the system of land contractual management rights exchange.Making this topic has a profound practical significance.In this paper,through the analysis of the cases of land contract management right exchange disputes,summarize the problems,root out the root causes,and finally put forward the countermeasures to solve the problem.This paper is divided into three parts.The first part is an overview of the system of land contractual management right exchange in China,which mainly introduces the concept,nature,legal characteristics,effectiveness,historical evolution and practical significance of the system of land contracting right exchange.The second part is the system of land contracting right exchange This part begins with the analysis of the two cases of land contracting right exchange,summarizes the problems in the practice of agricultural land exchange,if not signed a written exchange contract,not the record,and so on.The third part is the countermeasures to solve the problem of land contracting right exchange.This part is the core part of this article,mainly aiming at the problems of the practice of land contracting right exchange in our country,and put forward the countermeasures of improvement.and.perfection.Such.as.perfecting.legislation,optimizing.dispute.resoluti on.mechanism,implementing.registrationeffectivenessism,giving full play to government supervision and service functions and so on.The author puts forward some countermeasures and suggestions to perfect the existing system of land contract and management right exchange,and promote the smooth operation of rural land contracting right exchange system,further improve the peasants' living standard and active rural economy.