Research On The Improvement Of Land Management Retrievable Right

The current Rural Land Contract Law allows new agricultural subjects into farmland,it has unleashing economic vitality of farmland while exposing various risks.For example,land operators may neglect the ecological protection of the land,change the agricultural use of the land without authorization or abandon the land irresponsibly,so the Rural Land Contract Law has added a new system of land management rights retrievable,which is important for regulating the agricultural land,and protecting the interests of contractors and the safety of collective farmland.This paper is based on relevant laws and policies and guided by relevant cases in practice,the study found that the land management right repossession system means that the contractor is granted the unilateral legal right to terminate the land management right transfer contract with the land manager and repossess the land management right when the land manager’s behavior violates the legal cause.When the contractor fails to use the right to rescind within a reasonable period of time,the law allows the owner,who is not the contract parties,it still has right to terminate the land management and retrievable the land management rights.Therefore,the land management right retrievable system involves three subjects and two contracts,namely the land contract between the owner and the contractor,and the land management right transfer contract between the contractor and the land operators.In terms of legal consequences,it is clear that the right of the owner break through the contract,it can be interpreted as a manifestation of the right of the land ownership;in terms of the order of exercising the right,it should be exercised by the owner as the subject of the contract first,and if the owner abandons the right,the contracting party shall exercise it;in terms of legal consequences,it is clear that the right of the land owner retrievable the land management right does not change the family contracting relationship between the land owner and the contractor.Finally,the study based on the institutional characteristics of the land management rights retrievable system,and the right of operating procedures,reasons for retrievable,subjects,will make suggestion to improve the system,so as to stimulate the function of land management rights recovery,the system operation and make the land management rights retrievable system operate well in practice.