On The Legal Effect Of Land Management Right Transfer Contract

In recent years,with the rapid development of China’s economy and the continuous deepening of rural land system reform,the speed of rural land transfer has been accelerating.The scope of land management rights transfer continues to expand,resulting in numerous disputes over land management rights transfer.Among them,disputes over land management rights transfer contracts account for a considerable proportion.Therefore,properly handling disputes over land management rights transfer contracts is an important guarantee for regulating transfer behavior and safeguarding transfer rights.For the resolution of disputes over land management rights transfer contracts,the primary task is to make a judgment on the effectiveness of the transfer contract.The Civil Code provides general provisions on the effectiveness of civil legal acts such as contracts.As a special type of contract,land management rights transfer contracts require other land management regulations to regulate their effectiveness in addition to the Civil Code.The Rural Land Contract Law has made some restrictive provisions on the transfer of land management rights,but the Rural Land Contract Law does not specify the contractual consequences of violating restrictive provisions,and further explanations need to be provided in conjunction with legislative purposes.Taking the effectiveness of land management rights transfer contracts as the research object,this article is mainly divided into four parts: The first part explains the relevant concepts,clarifies the basic concept content of the research,establishes the research foundation,and provides prerequisite guarantees for the research on the effectiveness of management rights transfer contracts in the following text.The second part discusses the theoretical basis for determining the effectiveness of land management right transfer contracts.By analyzing the provisions and determination of contract effectiveness and land management right transfer contract effectiveness,it lays a theoretical foundation for the analysis of contract effectiveness disputes in practical cases below.The third part searches for typical cases of disputes over land management rights transfer contracts,identifies the parts of contract validity determination in transfer contract disputes,and selects typical cases to list.It discovers the differences in validity determination in current judicial practice and combines current legal provisions to analyze the legal issues involved in determining the validity of transfer contracts that violate restrictive provisions one by one,Provide a basis for determining the effectiveness of land management rights transfer contracts.On the basis of the above analysis,the fourth part proposes relevant suggestions that can be modified in the law.The standards for determining the effectiveness of land management right transfer contracts in the trial and the management regulations for regulating land management right transfer contracts provide feasible solutions for improving the effectiveness of land management right transfer contracts.