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• 吃了个肚歪

  Rural Land Contact Problems
  
  In recent years, a large number of farmers working in urban employment, the right to land contractual management in general circulation also frequent. Accurately understand and apply the right to transfer land contract for the operation of the legal system, the right choice in favor of Land Contact the way, and the maintenance of circulation of the legitimate rights and interests of relevant parties.
  The nature of the land contract and transfer the right to operate Categories
  
  China's Rural Land Contract Law chapter of "family contract" and the third chapter, "other forms of contract" provisions of the household contract respectively Land Contact the contractor and the other the nature of the land contract property right to operate two major categories of circulation. Contractor Family Land Contact is achieved through the household contract land contract the right to operate in accordance with the law to take subcontract, lease, exchange, transfer or other means of circulation; otherwise the nature of contracting Property Land Contact means through bidding, auction and public consultation, such as contracting of rural land, the land contract in accordance with the law to obtain business registration and other certificates of E, the land contract in accordance with the law to take transfer of the right to operate, lease, investment, mortgage or other forms of circulation.
  
  Although China's current law states that "the right to operate the land contract are protected by law", but the land contract on the nature of the right to operate in the Property Law has been said in theory, and claims that the dispute. The right to land contractual management claims that the main reasons are: (1) the right to land contractual management of the joint point of view, the right to land contractual management related to the contract, two-tier management system in rural areas are an integral part of the contract as a contract for the operation of the subject matter of the land there is still considerable power. (2) from the contractor's relationship with the land owner, the contract is essentially a contractual relationship with the contractor for the contract ween the internal relations. (3) Land sub-relations, the rights of subcontractors to obtain the right to operate is also a land contract, if the nature of the rights of property, which is obviously contrary to the general principles of property law. If the nature of the rights of creditors, the legislature and in practice will have to distinguish ween the nature of property right to land contractual management and the nature of the land contract claims the right to operate.
  
  Property right to land contractual management, said that the debt is not sufficient to protect the legitimate rights of farmers, land property rights vested in the contracting business rather than debt. China's rural land reform process as well as the land rights of farmers to protect the property from the creditor protection process. Land Contract Law established the right to land contractual management, from the nature of property rights has become a reality; property law is to the right to operate the rural land contract for the use of beneficial ownership of property, and to give farmers a real long-term and secure land use rights . Land contract as a result of the subject matter of the right to operate all the collective or state ownership and collective use by farmers in accordance with the law of the land, and "rural land contracting, the unchanged nature of land ownership", so that it corresponds to the traditional usufructuary property than its own characteristics: (1) The contractual right of all members of the family is usually the common exercise of the right to engage in production and operation. (2) the right to contract for the operation of the subject matter is generally used for agricultural production and management of land, non-approved change of land use may not be. (3) a "member of the right to" inherent meaning. Because "In most cases, members have the right to collective land contract is made a necessary condition for the right to operate."
  
  Land Contact the reasons for and results of limited
  
  1998 revised Land Management Law, the scope of the assignment, despite the relaxation of restrictions, but still provides that "the farmers of land collectively owned by the collective economic organizations or individuals other than the contracting business units, and must be approved by the villagers for more than two-thirds of the members of the Conference or on behalf of more than two thirds of the villagers agree that they shall be reported to the township (town) people's government agreed to. "can be seen that the rural land contract the right to operate the circulation is restricted.
  
  Land Contact the problems that exist mainly due to obscure the nature of collective ownership. The right to operate the rural land contract is the realization of collective ownership, and its liberalization of the circulation of the land contract involving the right to operate the system behind the relationship ween the collective and the farmers and positioning, but also related to the modernization of China's agriculture, rural areas and other issues of urbanization . Although the law established by the collective ownership of rural land, but the collective land ownership is unclear, because the main mass of the ambiguity itself. "Collective", "collective ownership", "collective ownership" of the political economic concept, but as part of the scope of the law. Collective land ownership on the nature of jurisprudence in our country there are three perspectives: first, collective land ownership is a "collective economic organizations" enjoy sole ownership; Second, the collective ownership of our collective members of the collective property ( land) enjoy the possession, use and usufruct, and in accordance with the law of equality, voluntary exercise of the principle of collective ownership of land; Third, the collective ownership of a "personal fit with the corporate-oriented", the collective property (land) should be the collective all corporate organizations, and members of the collective enjoyment of the collective ownership of property or social rights. As can be seen as forms of collective ownership of agricultural land contractual right, the right of members with a strong color, which must be members (farmers) and the relationship ween collective grasp the rural land contract in the franchise. Land rights of farmers as a collective provision of basic survival information and community welfare, to take care of their sickness and death, although this model in a particular social background played a positive role, but the distribution of the internal, closed, with an average result of many drawbacks: First, the land transfer of the negative economic factors and effective; Second, the collective members of the marriage of life and death have led to land-use right to change or elimination of, caused by excessive land use changes to non-economic reasons; third is vulnerable to fair to judge the differences arising from the collective economic organizations in internal conflicts; four have more to stimulate the rural population and gender preferences in employment in agriculture to avoid the market norms and market constraints, to cover up the surplus agricultural labor crisis, into a land contract species under the conditions of market economy, the negative features of social security alternative.
  
  There is no doubt that, under the conditions of market economy, agricultural resources (especially land resources) configuration should be in accordance with market mechanisms to achieve, it should be decided by the farmers themselves the transfer of land use rights. The right to operate the transfer of land contract is subject to consent of contract, in fact, land-use restrictions on the rights of freedom of circulation, as a means of administrative or quasi-administrative allocation of land resources and leaves too much room, and to a certain extent, the expense of efficiency. The rural land contract the right to operate such a closed system designed in fact to strengthen the capacity of professional farmers, and not conducive to the full mobilization of the rural labor force.
  
  The right to operate the rural land contract Reconstruction
  
  First of all, a clear right to operate the rural land contract connotations. Normative theory of property rights by contract for the operation of agricultural land tenure systems, and further expansion of agricultural land in the connotation of the franchise contract. Should include the following: (1) the statutory right to contract. Rural collective economic organizations as long as its members are willing to and in accordance with the relevant provisions, it has a contract for the operation of the eligible land should also be able to access to agricultural land in accordance with the law the right to contract for the operation. (2) possession. Contractual right of collective ownership of agricultural land for real domination, control rights. (3) the right to land management. Agreement in accordance with the law or contractual right of access to land is a natural right to the enjoyment of land management, land management and the exercise of the right to limit the field of agriculture and land subject to contract. (4) the right to land revenue. The right to land contractual management to obtain land for agricultural production and management, the ownership of their land products should be for all, regardless of whether the land has been separated, it is the right to land contractual management to obtain the right to land revenue. (5) the right to land contractual management right transfer. The right to land contractual management right to transfer the right to land revenue is a natural extension. Only to ensure the full exercise of the right to transfer to the right to land contractual management people get the best returns. (6) into the equity of land. Contractual right of the main contract for the operation period in order to operate the land as a share of the rights of shareholders. (7) the right to land contractual management rights and give up the right to return. Land contract the right to operate as a type of property, and its exercise in the process of setting up and should be fully considered as the main civilian villagers should enjoy autonomy.
  
  Second, agricultural land for the right to operate transfer contract to provide effective protection. Legal provisions in the policy for the right to land contractual management of the circulation system to provide appropriate protection, as long as the relevant policies in line with national laws, to allow transfer; lifting of Land Contact improper restrictions to the free flow of property rights theory to allow the right to land contractual management into the circulation, and through the use of certain methods, such as contracting, subcontracting, lease, mortgage, investment and so on, in different ween the rational flow of the main; establish a strict system of land registration.
  
  Third, a clear right to contract for the operation and management rights during the statutory obligations. In order to make farmers rely on contracts to make it reasonable to achieve the expected benefits to stimulate the enthusiasm of the broad masses of peasants, the operating contract of the contract makes specific provision for the minimum period is very important. China has promulgated the Property Law has done a 126th article states: "The contracting of arable land for three decades; lawn for the contract to 30 years; forest land to the contractor for three decades the seventies; special contract period forest trees, the forestry administration departments of the State Council approved the extension. "Therefore, in building a system of agricultural land, not only to long-term land contract and management rights, but to farmers the right to land contractual management to curing of the concrete block, and the land contract to be a clear right to operate the content.
  
  At the same time, the right to land contractual management shall be provided for a strict obligation to: (1) the obligation to follow the use of control. (2) to ensure sustainability of the land their own obligations. Should be in accordance with the law to protect and make rational use of land not to cause permanent damage to land; (3) laws and administrative regulations of other obligations.
  
  Fourth, the weakening of the social security of agricultural land features. Agricultural land at this stage to assume a certain degree of social security function is no doubt conducive to the stability of the country and the national economy, but agricultural land resources should not suffer in its cause of the social security function of agricultural land resources use efficiency greatly reduced. Therefore, in strengthening the agricultural land the right to operate the system of building contractors should actively create conditions to develop the cause of social security to the gradual elimination of agricultural land in the social security function of the agricultural land system. With a sound social security system in rural areas, farmers on the land contract has been fully aware of the right to operate, land would be the optimal allocation of resources to the state of the circulation.
  
  Conclusion
  
  China to speed up the process of agricultural land market, it is necessary to standardize according to property rights theory of agricultural land in our country the right to operate the system of contracting, through the legal system and social security system in rural areas to improve, so that farmers and the rational allocation of land rights, thereby ensuring that the interests of farmers really protection.

  浏览 380赞 67时间 2023-06-24
• catmouse1972

  But the most basic question does not lie in the right disposition system the establishment, but lies in the farmland which this right disposition system must from where.Looked from the realistic situation, in the practice the farmer collective organization reserves the land mostly already exhausted, opened up wasteland the land newly “the futile attempt”, the present each item of Hui nung policy stimulated the farmer “pitied” the psychology and to cause to return on own initiative in the collective farmland “extremely rare”, therefore, only could seek help in both saves the farmland which the countryside land contracting legal regime contained fords.Author's viewpoint is, contains in the farmland from each farmer collective organization present countryside land contracting legal regime which fords to unify delimits certain proportion the farmland to use in implementing the above right disposition method specially, other farmlands still maintained the present correlation law rules and regulations to contain ford the potency.。Actually, by similar “two field systems” the way solves the human to have contradictory in the China land system history the glorious origin, for example the Tang Dynasty “the system of equalized field allotments” has today “two field systems” the shadow, “the system of equalized field allotments” divides into the field two kinds: As soon as says “the perpetually held fields”, its right potency is “passes on the descendants, is not receiving it to limit, namely the descendants violate removing a name, receives the place, also does not pursue” [36]; As soon as says “the mouth minute”, its right potency after receives Tian Zhe to die “the mouth minute to receive becomes an official, gives the human” [37], namely assigns once more by the government reclamation for does not have or little the farmer.

  浏览 345赞 60时间 2023-01-28
• 小熊de爱

  这个啊，上网查

  浏览 500赞 106时间 2021-12-18