An Empirical Study On The Inheritance Of Land Contracting And Management Rights

At present,the design of China’s rural land property rights system itself has led to the diversification of power bundles and the complexity of inheritance issues.Since the reform of the separation of powers,the trend of propertyization of land contracting and management rights has gradually emerged,and the tension formed between the public ownership of agricultural land property rights and the propertyization of land contracting and management rights has made the inheritance of land contracting and management rights very complicated in theory,and there are also difficulties in practice.However,due to the increasing prominence of the property nature of land contracting and management rights,the inheritance of this right is also a theme that we cannot avoid.Based on the relevant provisions of the Civil Code and the Rural Land Contracting Law on land contracting and management rights,this thesis analyzes the defects of the inheritance system of land contracting and management rights under the framework of China’s current legal system,and concludes that conditional inheritance of land contracting and management rights is concluded,and puts forward corresponding opinions and suggestions.This thesis is divided into four parts: the first part analyzes and summarizes the current legal provisions of the land contracting and management right inheritance system,and the provisions of the two major legal systems on the land inheritance system on behalf of the state.The second part investigates and analyzes the current situation of land contracting and intergenerational inheritance in rural areas,analyzes the current situation and problems of land contracting and management right inheritance in rural areas of China,and farmers’ views on this issue,and summarizes the civil habits formed in the practice of China’s current land contracting system in combination with current laws and policies.The third part is to understand the trend of China’s judicial practice in handling disputes over the inheritance of land contracting and operation rights through the judgment documents related to the inheritance of land contracting and operation rights made in trial practice,and summarize the shortcomings of the current land system in the trial practice such as the scope division of the subject of land contracting and operation rights and the lack of relevant matters registration system,the attributes of civil rights,and whether the right can be inherited.The fourth part analyzes the shortcomings of the inheritance theory of completely affirming and completely denying land contract management rights and the advantages of conditional inheritance of land contract management rights,and constructs a conditional and standardized land contract management right inheritance system to promote agricultural development and the formation of new professional farmers.