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Study on land contract and management rights transfer system

Author: ZhaoYuJun
Tutor: HuLvYin
School: Yangzhou University
Course: Civil and Commercial Law
Keywords: The right to land contractual management Circulation Transfer modes Property Rights
CLC: F321.1
Type: Master's thesis
Year: 2010
Downloads: 128
Quote: 0
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Abstract


An important topic of the Third Plenary Session of the CPC Central Committee, is the study of how to reform and improve the rural land transfer system under the new situation. Plenary Session adopted the \principle, allow farmers to subcontract, lease, exchange, transfer, joint-stock cooperative form of transfer of land contract and management rights, and the development of various forms of appropriate scale operation where conditions permit the development of a professional big, family farms, farmers' professional cooperatives scale of operation in the main land contract and management rights transfer, land may not change the nature of collective ownership, land use shall not be changed, and shall be without prejudice to the interests of farmers' land contract. implement the most stringent land conservation system, strictly control the urban and rural construction land scale \The land transfer is related to people's livelihood, survival and development involving hundreds of millions of farmers. The most important rural land circulation is the circulation of the farmers contracted land. This relates to the improvement of the land contract and management rights system. Practice, the transfer of land contract and management rights presents diverse characteristics of the circulation of the way, and related to this but no clear legal provisions, once a dispute process is extremely difficult. This article Scientists to explore the transfer of land contract and management rights, in order to guide the practice of land contract and management rights transfer. The article first clarify the land contract and management rights have distinctive attributes of property rights, and should reflect the value orientation of the fair and efficient land contract and management rights transfer. Second, clarify the land contract and management rights transfer. Agreed to transfer the land contract and management rights transfer certain restrictions, to seek a balance of interests; rental of the land contract and management rights of the basic properties of the real right, as a major circulation way for the promotion of land contracting and management right to the effective functioning of major significance; mortgage on land contract and management rights should allow this limit also made a number of ideas; land contract and management rights of the shares should improve the specific mode of operation; final land contract the status quo, and led to the current situation of the management rights transfer disputes reasons, and put forward some concrete suggestions for improving the rural land contract and management rights transfer system.

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CLC: > Economic > Agricultural economy > China 's agricultural economy > Rural economic structure and institutional > Land issues
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