중국의 토지도급법제도에 관한 고찰

Abstract

Rural land contracting right is a basic system in rural areas, is the maximum protection the majority of farmers, rural land contracting system in relation to the implementation of the stability of agricultural development, is to safeguard the legitimate rights and interests of the strong support of farmers. This article analysis on China's current rural land contracting system, gives some useful advic of the inadequacy. Both state farm cropland and collective cropland, being agricultural land,have the general characteristics of cropland system as well as some specialties. For example, compared with the countryside land contract system,state farm cropland contract system has its own characteristics in cropland belonging, in tendering and contracting subjects, in the nature and content of right, and in the use and collection of contract fee. Currently, there are some problems in state farm cropland contract management system. low legalization degree, ambiguous nature of proprietor's right, chaotic administration of contract fee and so on. In order to improve such system,it is necessary to strengthen legal construction, clarify the nature and power of contract management right, rationalize contract fee, and take the use of state farm cropland into nationwide cropland use system. Trust land contract operation rights is the innovation in the circulation way of China's land contract operation. The establishment of the right to operate the land contract system is conductive to the trust land value-added healthy, effective protection of the interests of the contractor and theprevention of idle land, but also has a legal basis and practical basis. In building the system, qualifications of a trustee, registration of the trust, the rights and obligations between the trustee and the contractor, and other issues should be made clear. It is a new problem for the field of real law to make a circulation of management right of contract for land in rural areas. And the present legislation at home has established some regulations about how to make such a circulation. Since this legal system involves both in the immediate interest of hundreds of millions peasants and in the developing direction of our agricultural production, it is necessary to make a reasonable design and construction of the matched mechanism of market operation so as to perfect it day by day.