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China's rural land contracting right and Legal Issues

Author: XiaoFeiYan
Tutor: ZhengTaiAn
School: Sichuan Academy of Social Sciences
Course: Civil and Commercial Law
Keywords: the contracted management right to the land circulation the right of property
CLC: D922.32
Type: Master's thesis
Year: 2009
Downloads: 161
Quote: 1
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Abstract

Land as a natural and social wealth, is the prerequisite for peasant survival and social development, and also the foundation of that. Despite more than two decades, the family contract responsibility system of land-based contract management system, has been to make the peasants the right to land contractual management of land tenure, use, profits, circulation and so on has been the development and improvement of the larger, but along with the reform and open policy thorough, all sorts of malpractices which the present land contracting right of management circulation question displays has underlined day by day gradually, how to alleviate the person contradiction, the solution land utilization and the promotion land contracting right of management reasonable order circulation,perfect and the perfect land contracting right of management circulation legal regime becomes the urgent matter gradually.This article has collected the massive at present domestic research land contracting right of management newest literature material, because the land contracting right of management is our country unique one kind of real right system, overseas and does not have the fundamental research which corresponds, mainly has collected the overseas related real right system and with the profit real right system’s correlation data, through carries on to these theoretical analysis regarding the research, simultaneously unifies our country’s actual situation, to consummated our country land contracting right of management circulation legal regime to put forward several proposals. This article analyzes the adoption of four chapters to the discussion: the first chapter with a combination of static and dynamic methods outlined in the operation of China’s rural land contracting rights transfer system. First is the establishment of new China as a starting point, cited the development of China’s land system in four phases, and ultimately the formation of the current household contract responsibility system, and an analysis of the right to land contractual management of the development characteristics. Then presented the operator of China’s rural land contracting rights transfer system, including from the concept, characteristics and classification of such areas as the interpretation of the land contract for the operation rights transfer system. And then to China’s rural land contracting law nature of the right to operate analysis, pointing out that the right to land contractual management is a new property with benefits. Finally, Land Contact carding manner, the circulation of the controversial manner of his own views. The second chapter introduced the contemporary US and Japan land system and the enlightenment with the comparison method. The American agriculture is developed, the scale benefit is good; Japan and our country have the similar situation to be over-populated, through gives them the present age land system’s analysis, hoped for that profits from its experience to be adopted by us. The third chapter points out in our country countryside land contracting right of management circulation the legislative insufficiency. Along with land contracting right of management circulation practice’s unceasing increase, our country existing legal regime is imperfect also day by day exposes, including to the land ownership main body’s vacancy, has not been clear about the land contracting right of management main body, the land contracting right of management to be not yet complete the real right as well as has not established“four uncultivated land”the real right nature. The fourth chapter to consummated our country land contracting right of management circulation the legal regime to put forward several proposals. Carries on the circulation, the most important question is the property right is clear, therefore should be clear about the countryside land ownership main body; Next, must entrust with the land contracting right of management complete real right to be versatile, consummates its registration system, like this can past truly; Our country present land contracting right of management’s circulation also compares the disorder, the standard its circulation market also for should have righteousness; If must realize the land contracting right of management circulation truly, then must attenuate the rural community which its undertakes to safeguard the function, must consummate the rural community system of safeguards’s legal framework.

China's rural land contracting right and Legal Issues

Abstract

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