Research On Perfecting The Legal System Of Farmland Management Right Transfer

In recent years,with the rapid development of China’s rural economy and society and the rapid progress of industrialization and information ization urbanization,there have been some new situations in rural areas.More and more farmers,especially young and middle-aged farmers into the city to work,farmers contractland began to flow,circulation area is gradually expanding,but the new main body of management is less,land circulation is the spontaneous circulation between farmers.Since the 18 th National Congress of the CPC,the CPC Central Committee has put forward a series of policies and policies for stabilizing and perfecting the basic rural management system and deepening the reform of the rural collective land system,and has made a major arrangement for deployment.The CPC Central Committee has clearly innovated the past system of "separation of powers" into a "separation of powers".The newly revised Rural Land Contract Law,which was implemented on January 1,2019,is a major initiative in the reform of agricultural land in China,which legalizes the system of "separation of powers" in rural land,and for the first time writes into the legal provisions of the "right to operate agricultural land" and "the right to operate agricultural land".To more effectively protect the legitimate rights and interests of rural collective economic organizations and contract farmers,but also conducive to promoting modern agricultural development.The circulation of agricultural land is accompanied by the emergence of a large number of agricultural land circulation problems,the legal system of the transfer of agricultural land management rights to theoretical research,analysis of its existing problems,and then modify and improve,so as to improve the rural agricultural productivity,promote the moderate scale of agricultural land management,the integration of rural land resources,Complete the equitable redistribution of agricultural land as a scarce resource.Based on the legal problems existing in the current transfer of agricultural land management rights,this study makes comprehensive use of various research methods,combs through the legal system and institutional changes of the transfer of agricultural land management right,starts with the current situation of the transfer of agricultural land management right,analyzes the lack of government supervision or overstepping the current circulation of agricultural land management rights.The reasons for the imperfect legal mechanism of the circulation of agricultural land management right market and the imperfect legal system supporting the transfer of agricultural land management right.Through the land circulation system of Japan,France and the United States to comb and analyze the practice that may be used for reference in the transfer of agricultural land management rights in China,the foreign agricultural land circulation has sound laws and regulations,policy system and the government under the appropriate intervention of the developed agricultural land circulation market,its agricultural land circulation legal system is complete,reasonable,clear,clear,Comprehensive system,in the government’s moderate intervention and the market self-regulation formed a high degree of land resourceoptimization.Therefore,in the framework of China’s socialist economic system,in order to realize the optimal allocation of land resources,the release of land management rights,the realization of a moderate scale of agricultural land operation,the government should play a good role in the "visible hand" of regulation,appropriate intervention in agricultural land reform,to avoid the overstepping or absence of government functions,the central government and local governments should do their jobs.Cooperate with each other and serve our country’s agricultural land management right to transfer to the market.At the same time,we should further improve the legal system of the circulation of agricultural land management rights to the market,improve the social security system and dispute resolution system for the transfer of agricultural land management rights,give play to the decisive role of the market in the circulation of the right to operate agricultural land,promote the orderly circulation of the right to operate agricultural land,and realize the modernization of agriculture.