From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract...From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.展开更多
The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,con...The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.展开更多
We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating...We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating type(Zhejiang Jiande model).Current rural land joint-stock cooperative system has following characteristics.Firstly,adhere to the collective ownership and household contract responsibility system in rural areas.Secondly,safeguard farmers' land contractual rights and interests.Thirdly,implement large-scale agricultural production and operation.Fourthly,carry out normative operation of farmers' cooperatives.On the basis of these,we point out such problems as backward technology and short of funds in development of rural land joint-stock cooperative system.Finally,we conclude that the development of rural land joint-stock cooperative system should fully draw lessons from foreign advanced experience,actively try new model like securitization of rural land,to explore a road suitable for current national conditions.展开更多
基金Supported by the Research Project of Humanities and Social Sciencesat Universities(08KN020) launched by Guizhou Provincial Education Department
文摘From the perspective of civil subject theory,law of value,comparative law and history of laws,the thesis expounds that the contract on the transfer of the contractual right of rural lands is in nature a civil contract instead of an administrative one.Then it explores the defects in the contract from the viewpoint of legal value goal,contract law and legal sociology,that is,the relevant provisions in Rural Land Contract Law and Explanations of Supreme People's Court about the Issues concerning the Laws Applicable to the Trial of Cases of Disputes over Rural Land Contracting go against the principle of free contracting and run counter to the legal value goal of justice,so they do not achieve good implementing effect.Finally,the thesis demonstrates and makes some practical legislative proposals to perfect the contract system for circulation of the right to operate constructed rural lands,aiming at improving the circulation rate through perfecting the contract of the right to rural land contractual management,solving the disputes in rural lands circulation and safeguarding the legitimate rights of the farmers.
文摘The status quo and significance of contract and management right transfer of rural land are analyzed,and major problems existed in contract and management right transfer of rural land in Anhui Province are studied,containing unsound transfer market,insufficient flow demand motion,single transfer form,non-standard register,right determination and certificate issuing. On this basis,several policies and suggestions are proposed,such as combining practical use with suitable use of land right determination and certificate issuing,establishing multilayer rural social security system and expanding land management range.
文摘We introduce and analyze operating mechanism of three major rural land joint-stock cooperative systems in China,including community type(Nanhai model),collective leasing type(Ningxia Pingluo model) and joint operating type(Zhejiang Jiande model).Current rural land joint-stock cooperative system has following characteristics.Firstly,adhere to the collective ownership and household contract responsibility system in rural areas.Secondly,safeguard farmers' land contractual rights and interests.Thirdly,implement large-scale agricultural production and operation.Fourthly,carry out normative operation of farmers' cooperatives.On the basis of these,we point out such problems as backward technology and short of funds in development of rural land joint-stock cooperative system.Finally,we conclude that the development of rural land joint-stock cooperative system should fully draw lessons from foreign advanced experience,actively try new model like securitization of rural land,to explore a road suitable for current national conditions.
