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A Research on the Right to Land Contractual Management Exit

Author: GaoFeng
Tutor: DingWen
School: Central China Normal University
Course: Civil and Commercial Law
Keywords: The right to land contractual management Exit Peasantry Benefit Protection
CLC: D922.32
Type: Master's thesis
Year: 2011
Downloads: 171
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Abstract

The rural household contract policy and system has been practiced in 70s in the 20th century for a long period of time to promote the agricultural and rural development, which has more than three decades of rapid economic development in rural areas the practice of proof. The Party’s Third Plenary Session considered and adopted the "CPC Central Committee on rural reform, development of a number of major issues " raised "the existing land contract relationships remain stable over the long term"as a policy, its value is Definitely the best. However, any kind of system has some of timeliness, it should be with the actual situation in which to adapt. When the environment changes, the system should also be together with them to adapt to the changes, otherwise it will eventually be eliminated by history because it do not meet the social development.Household contract responsibility system, also faced with the problem how to improve their own to adapt to new situations. At present, the rural household contract system facing the new policy is mainly two aspects:On the one hand, the rapid development of science and technology and the increasingly widespread in the agricultural field application of an appropriate concentration of land required to develop large-scale agriculture; the other hand, with the towns and rural labor to non-agricultural industries, China’s rural population and arable land resources Configuration status has changed greatly. Whether moderate concentration of land, or transfer of rural labor force, means some farmers have abandoned land, land contract and management right out. Therefore, how to adhere to the rural basic management systems, to maintain the existing land contract relations and solve long-term change under the premise of social security, and gradually establish and improve the rural land contracting right exit mechanism is of great significance.The paper is divided into five parts. The first part is the right to land contractual management built around the exit mechanism for discussion of the reasons. Firstly, the article analyzes the content of the right to land contractual management, pointing out that the withdrawal of contracted land management right of farmers to exercise the right to land contractual management shall have meaning; Secondly, the article discusses the right to land contractual management exit mechanism is the objective of rural economic reform and development requirements; Thirdly, this article from the perspective of social justice, described the right to exit the building to land contractual management mechanism is the inevitable choice of social justice in rural areas; Finally, the article from the purpose of the social function of land given to proceed, indicating a too restrictive disposition of the land of farmers, no doubt unworthy, the results are given to land contractual management rights and the social security function of the initial purpose of the opposite.The second part is the land contract and management right out of principle, In this section, the article always revolved around protecting the interests of farmers right to land contractual management and the promotion of the smooth out these two points, and established the right to land contractual management of voluntary withdrawal, compensation of equal value, the three principles of equality.The third part deals with a land contract and management right out of the condition. In this section, the article sought to the interests of farmers, the interests of the collective economic organizations and the public interest to seek a balance between. To achieve the right to land contractual management in promoting the smooth exit, while the interests of farmers in both policy holders the right to land contractual management exit from unlawful infringement, but also ensure that the collective interests and social and public interests are not compromised. Therefore, protecting the interests of farmers, the article to the true meaning of the main pass, and the right to land contractual management as a condition of withdrawal; From the perspective of protecting the collective interests, the article out to the right to land contractual management shall obtain the consent of collective economic organizations as the exit conditions; It was also for social and public interests, the paper provides the right to land contractual management may not change the land use to exit.Discussed in the article is the fourth part of the contracted land management right out of the program. This part of the first withdrawal under the land contract and management rights from the contractor is voluntary and the right to land contractual management exit path is divided into two categories, namely mandatory and voluntary exit; According to the different exit path, respectively, set out two different procedures. Force Quit in accordance with the collective decision to withdraw should be contracted household contracted land, notice to the Contractor, to the county agricultural administrative departments for revoking its registration back the contracted land to carry out the four steps; Voluntary exit procedures should be followed out of the start, quit notice, withdraw from the vote, out of the delivery and change of registration procedures.PartⅤof the article is about the supervision of contracted land management right out of the discussion. According to China’s actual situation and the legislative situation, the paper proposes to give farmers the right to appeal from the implementation of the registration department responsibilities and establish accountability mechanisms in three aspects, to strengthen the right to land contractual management out of control.

A Research on the Right to Land Contractual Management Exit

Abstract

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