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On the improvement of the Rural Land Contract Law \

Author: WuGuangYong
Tutor: ZhangLinHong
School: Guizhou University
Course: Legal
Keywords: Rural Land Contract Law Urbanization Rural Development Coordinated urban and rural Perfection of Legislation
CLC: D922.32
Type: Master's thesis
Year: 2008
Downloads: 36
Quote: 0
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Abstract


Originated in the late seventies of the last century , the rural household land contract management responsibility to change the organizational model of \the reform and development of the social sphere . But when history into the 21st century , when the speed of development of the city , we require that level as a reference to examine the social development of China's rural , we will find that : the system 's performance is marginal . From the perspective of urbanization , the low efficiency of land use , a random national land management rights , the new land disputes difficult to resolve fair enough . \The main reason is our society is undergoing a process of urbanization . The provisions of the law objectively the characteristics of the land use of land fragmentation , production concurrently , uses fixed , long-term contract period . It shows that the lack of open rural land system dynamic function , coordinated development of insufficiency , market allocation function is very weak . Thus it constrained the development of agricultural production to specialization, scale , commercialization direction , not well adapted to the needs of the development of urbanization . Therefore, to improve by the law explicitly migrant business \clear the village collective interests of owners and defenders of the rights , and improve the function of the dynamic development of the system ; given to farmers' collectives and farmers markets subject qualification to abandon the egalitarian land contract thinking , improve market configuration features of the system ; proper definition of national land management rights of rural land ownership relations , define the scope of the public lands , the right to collective empower farmers and farmers to safeguard the legitimate interests of their own land by the administrative reconsideration ways and judicial litigation , and give full play to the autonomy of the efficiency of land use , adjust the collective land ownership and the relationship of the farmers land contract and management rights , improve the function of the coordinated development of the system .

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CLC: > Political, legal > Legal > Chinese law > Land Law > Agricultural Land Law
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