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A Law Study on Improving the Circulation System of the Right of Contractual Management of Rural Land

Author: HuangZuo
Tutor: LeiZhenYang
School: Central South University for Nationalities
Course: Legal Theory
Keywords: Rural Land The household contract responsibility system The right to land contractual management Usufructuary Land transfer
CLC: D922.32
Type: Master's thesis
Year: 2009
Downloads: 164
Quote: 1
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Abstract


The land ownership pattern in China to the socialist public ownership, ownership by the whole people and collective ownership of the combination. Urban land owned by the state (universal) all; rural and suburban areas of land, unless required by law belong to the state, all belonging to farmers (collective). Since the reform and opening up, the state has gradually given in the form of a policy and legal farmers' collective land contract and management rights, individual farmers, the unit through a contract in accordance with the law, to obtain collective land for farming, forestry, animal husbandry, fisheries production and business activities and get right to the proceeds. Land contract and management rights as one of the many property rights of land and other property rights, resulting in economic transactions contracts, leases, or national laws expressly provided, once generated, property rights transactions under certain conditions, academia termed land contract and management rights of circulation. Specifically, by farmers on land contract and management rights of the subcontract, lease, swap, transfer of shares to engage in agricultural production and cooperation will be entitled to the land and property rights between the main flow and transfer. At present, China has not yet developed a specialized uniform laws to regulate land contract management rights transfer, there is only the administrative rules and regulations of the Ministry of Agriculture in 2005. Practice operations, land contract and management rights transfer showing a the forms short duration, hidden transaction narrow range. Currently, the rural land market has not yet mature, land transfer status quo abuses many. Therefore, the legal means to standardize and improve the land contract and management rights transfer system, is of great significance: conducive to adjustment of rural land use relationships to ensure the smooth progress of the transfer of; conducive to safeguarding the security of transactions, the protection of the legitimate rights and interests of the farmers; help to reduce transaction costs and improve efficiency in the use of contracted land; conducive to control and combating illegal circulation, protection of limited arable land resources; helps to reduce land disputes, and maintaining the stability of the social order. This spiritual guidance Party adopted at the Third Plenary Session of the CPC Central Committee decision on promoting rural reform and development of a number of major issues \, the author carefully review the legislation evolution since the founding of China's rural land transfer, in the analysis of the current plight of the circulation of the land contract and management rights on the basis of a review of the existing legislation, proposed legislation to regulate land contract management rights transfer guiding principles: the principle of strict protection of arable land ; according to the law, voluntary and compensatory basis; \Again this five principles at the core, from clear land contract and management rights of the subject and the authority to regulate the land transfer program, many aspects of the reform of the land acquisition and compensation mechanism and improve the relevant supporting mechanism discussed the building of rural land contract management rights transfer program of the legal system that seeks to solve the problems of rural land circulation rule the road, hoping to provide a theoretical reference for the construction of the rule of law in China's rural land market.

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