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Administrative procedures in the study of rural land circulation

Author: JiangYuQin
Tutor: LangPeiJuan
School: China University of Political Science
Course: Constitutional and Administrative Law
Keywords: Rural land use rights Land transfer Administrative procedures
CLC: F321.1
Type: Master's thesis
Year: 2009
Downloads: 188
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Abstract


Transfer of rural land in the rural land contract, there is effectively a prerequisite for the land contract and management rights of the right nature, does not change the rural land ownership tenure nature and the body types as well as rural land for agricultural purposes on the basis of the original contract Fang Duicheng package contract or contract for the operation of the subject matter of law to take subcontract, lease, exchange, transfer, shares transfer to the behavior of others to obtain compensation and other legitimate rights and interests protected by law. October 19, 2008, the Third Plenary Session of the CPC by the decision of the CPC Central Committee on rural reform and development on major issues, the paper noted that in accordance with the legal, voluntary and compensatory basis, allowing farmers to subcontract, lease, mutual exchange, transfer, joint-stock cooperative and other forms of transfer of the right to land contractual management, the development of various forms of appropriate scale of operation. Seen in China's socialist market economic system, how the transfer of rural land market regulation in the laws and regulations within the adjustment range, is a major issue for rural land reform can not be ignored. In recent years, China's legal regulation in order to work on rural land circulation in the Legislative indeed made significant progress, \\complement and refinement, clear procedures for the transfer of rural land to regulate and guide the transfer of rural land market, to protect the interests of farmers in the rural land circulation. Land management departments and local governments have also introduced a related implementation management approach to escort the implementation of the law. Nevertheless, the transfer of rural land legislation and law explore whether it is focused on the Civil and Commercial Law, Economic Law; full performance of \grasp the specific problems in practice solution to explore the little administrative procedures and regulations involving the exercise of administrative power relative procedures for supervision and administrative protection of the rights of rural land circulation and even fewer. Therefore, the transfer of rural land information disclosure and listen to their views, formal system of administrative procedures for the protection of the rights, land dispute settlement mechanism and relief system is not perfect, the problem is the direct cause of the bottleneck stage lead to rural land reform. 2008 Hunan Province, the first issued by the Hunan Provincial Administrative Procedure provides that \local agricultural village land transfer work provides an innovative idea. The case of local government laws and regulations, how to stick with the national level, the policy principles unified, the flexible use of existing laws, regulations and policies, innovative local legislation, local conditions can accelerate the process of China's urban and rural integration provide a new perspective. In this thesis, Jiulongpo District as an example of rural land circulation is based on field research from the Jiulongpo District rural land circulation. Chongqing as the national \to develop the implementation details of a set of regional specialties, including rural land, the construction of the social security system, the Three Gorges Reservoir area employment project to promote urban-rural dual structure breakthrough, designed to promote the transfer of rural land reform in within the urban and rural comprehensive reform. The area is in the process of advancing Jiulongpo District farmers become citizens to promote the program \combined with the problems in the practice, in-depth analysis of rural land circulation of the urgent need to improve administrative procedures, certainly including information inquiry system of open and circulation of price negotiation system service system of administrative procedures; proposed to improve the open administrative information system , the recommendations of the Administrative Hearing rural land circulation system of administrative procedures.

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