Study On The Validity Confirmation Of Rural Land Managemengt Right Circulation Contract

After the "separation of three rights" policy is incorporated into the law,the market-oriented circulation of rural land management right will certainly become a huge social reality.However,in order to implement a strict rural land protection system and maintain the social security function of rural land,the current law imposes many restrictions on the circulation of rural land management right.These restrictive provisions will realize the state’s control over the circulation of rural land management right by affecting the validity of the circulation contract.As a special type of contract,the circulation contract of rural land management right should not only abide by the provisions of the Civil Code on the validity of civil legal acts,but also abide by the restrictive provisions of the Rural Land Contract Law on the circulation of rural land management right.Although the Rural Land Contract Law imposes many restrictions on the circulation of rural land management right,it does not stipulate the legal consequences of violating these restrictions,which needs to be explained in conjunction with relevant legislative purposes.Starting from the judicial cases of disputes over the circulation of rural land management right,this paper finds the problems existing by judges in determining the validity of circulation contract of rural land management right that lack written form or violate restrictive provisions.The paper analyzes the characteristics of disputes over rural land management right circulation contract,and finds the necessity of studying the validity of the circulation contract.Because of the comprehensive legislative model adopted in Chinese contract validity system,this paper also explores the legal requirements for the entry into force of rural land management right circulation contract,and then discusses the impact of different restrictive provisions on the validity of rural land management right circulation contract under different circulation methods.Combined with the normative purpose of restrictive provisions,the value of the legal interests protected by restrictive clauses and the interests of freedom of contract is measured,so as to put forward the personal opinion on the validity determination of the circulation contract that violates the restrictive provisions.