Study On The Mechanism Of Dealing With The Abandonment Of Cultivated Land And The Effective Realization Of Land Management Right

The problem of abandoned farmland is related to the agricultural development in China.At present,the way to restore abandoned land for cultivation is to promote land circulation and form appropriate scale management.The "separation of the three rights" system of agricultural land has activated the management right of land and brought about new opportunities for land circulation.However,at present,the willingness of farmers to take the initiative to transfer land is not strong,the land transfer is fragmented,and the overall effect is not good.Therefore,in order to solve the abandonment of arable land through land transfer,farmers cannot only rely on themselves,and collectives must play their role of management and overall planning,that is,the recovery of land management rights.At present,there are still many imperfections in the legislation of the land management right recovery system.It only stipulates that the transferor can unilaterally terminate the transfer contract when the land management right owner abandons the cultivated land.Therefore,further design and improvement are needed to resolve the abandonment of arable land by resuming land management rights to promote land circulation.This paper is divided into five parts.The first part introduces the general situation of farmland abandonment in China,including the present situation and causes.The second part is through three typical cases related to the abandonment of arable land,which leads to the problems existing in the judicial practice in dealing with the employer's recovery of the contractor's land.The first is whether the employer can recover the farmland under the condition that the contractor leaves the farmland;the second is whether the party concerned can agree on the causes of the contracted land in the contract;the third is the damage to the contractor's rights after the employer reclaims the farmland;the fourth is the consideration of the shortcomings of the relevant judicial interpretation issued by the Supreme People's Court.The third part is the discussion of the content and nature of land management rights,as well as the sorting out of the right structure of "separation of the three rights",which is the theoretical basis for the establishment of the management right recovery system.Land management right is a usufructuary right,which is the right of land possession,use and income."The separation of the three rights" means that the collective ownership of rural land is derived from the land contract management right,and the land contract management right is derived from the land contract management right,and the right of the upper level has the right to control and recover the right of the next level.The fourth part is some practical experience of farmland abandonment in different places.It is necessary not only to make efforts in legislation and judicature,but also to pay attention to the support of existing practical experience.The fifth part is to reclaim the land management system construction,the legislation of abandoned farmland should be sure to first take management of one of the statutory basis,the second is to determine the recovery of executive main body of the management of the land contract right man and the village committee,the object of back is land management rights,the last is the establishment of the recall process and after the event.The management of arable land abandonment is a complex and long-term problem,which requires both legislative and policy efforts,as well as constantly updating solutions in line with social development.Therefore,further research and improvement are needed to solve this problem.