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The New Rural Construction Land Use Rights Transfer Middle Legal Problems Research

Author: GuoXiao
Tutor: WangMingSuo；ChenRuiJie
School: Henan University
Course: Chinese Civil Law
Keywords: New rural construction Agricultural land use rights Circulation
CLC: D922.3
Type: Master's thesis
Year: 2011
Downloads: 67
Quote: 0
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Abstract

The new rural construction of socialist modernization, building a new countryside is to change the urban-rural dual structure and narrow the gap between urban and rural areas, the major decisions made by our party from the overall situation. The land is the basis of rural production and development, building new socialist rural areas and modernization of agriculture, how reasonable land planning and circulation is the key point. At this stage, in the land transfer there are many problems, unclear land property rights, land transfer did not go well, the transfer of non-standard procedures can not protect the interests of farmers and other issues, to limit the transfer of rural land to promote the role of the new rural construction. In this paper, the circulation of agricultural land use rights in the context of the new rural construction, research restrictions on the level of the existing land transfer issues and the current legal system is proposed to improve the recommendations of the agricultural land transfer system has important theory and practice significance. This introduction, body, conclusion of three parts, which the body consists of four parts: the first part discusses the basic content and new rural development and agricultural land use right transfer between the mutual relationship with the fit. Pointed out that the construction of new countryside external conditions for the circulation of agricultural land use rights, and the circulation of agricultural land use rights is the entry point of the new rural construction, while speeding up the pace of construction of new rural. Identified both labor transfer, agricultural modernization and integration of the social security fit three points. The second part of the study of the status of the transfer of farmland use rights, analysis of current agricultural land use right transfer characteristics and form of the current rural land use right transfer characteristics of the main circulation flow between farmers mainly short-term circulation and instability; agricultural land use right transfer level high, the size of the overall turnover is also low; agricultural land use rights in the process of the transfer of the dispute is ongoing. Agricultural land use right transfer mainly through the transfer, subcontract, lease, exchange. Circulation disorder and confusion reveals mainly agricultural land use right transfer of land, the land transfer will be restricted, farmers interests are unreasonable infringement and compensation for land acquisition, these problems have hindered the smooth flow of agricultural land use rights. The third part is the current rural land circulation system one by one analysis, virtual set and empowerment the crippled property rights provisions clearly focused on collective land ownership, the lack of an effective registration system and written transfer process is not negotiable contract specification, land acquisition is not clear, the procedures are not standardized and compensation for the expropriation of the standard unreasonable system is imperfect, some of the restrictive provisions of the legal norms in the manner and conditions on the transfer of agricultural land use rights, the absence of the system of intermediary service organizations in five aspects do a detailed analysis. Make recommendations to improve the relevant system to prepare. The fourth part of the summary of the basis of the foregoing, the proposed recommendations to improve the existing legal system and related systems. That clear the subject and content of collective land ownership, specifically the village collective and give farmers complete usufructuary property rights and the extension of the collective land contracting operating period should be defined in the main body of the collective land ownership; improve agricultural land use rights transfer is mortgage and inheritance provisions in the form of the transfer of farmland use rights; perfect registration of agricultural land use rights transfer and contracting procedures; market system, establish and improve the land transfer from cultivating new farmers, intermediary service organizations and establish land stock cooperative system to start ; improve the range of collective land acquisition, land acquisition procedures and compensation standard land requisition system; improve rural farmers' pension, health care, minimum living security risk security system.

The New Rural Construction Land Use Rights Transfer Middle Legal Problems Research

Abstract

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