Since the founding of the PRC, China's rural land has experienced the land farmers' private ownership, free operation, free circulation stage: Land Farmers' private ownership of land collective ownership, collective management of the transition period, and now the household contract responsibility system. Rural land transfer has also experienced three stages: prohibition, restriction and legal regulation. With the passage of time, the rural land system has been constantly improving and improving. According to the the people's Republic of China Rural Land Contract Law "(hereinafter referred to as the" rural land contract law ") and" rural land contract management rights transfer management approach ", land contract management right transfer including, subcontract, lease, transfer, exchanges and shares. In practice, all kinds of local circulation, often play legal edge ball, even beyond the provisions of the law.
This paper mainly talks about the right to the contracted management of land transfer, inheritance, mortgages, and then transfer the legitimacy of the system and the anti rent Daobao system and countermeasures. The transfer of the right of land contract and management is required to be too harsh and the right of land contract and management through the transfer of the transfer of land contract operation rights and the change of the validity of the problem. The inheritance of the right to land contractual management is not clear about the inheritance of land contract management right, and it can be inherited and so on. The settlement of land contract management right in the form of family contract is clear. To increase the succession of the right to land contractual management. With regard to mortgage, farmers' financing channels are limited, therefore, they should be open to mortgage, but because of the existence of the land, it must be appropriately limited. The re circulation of land contract management right is the right of land contract and management right of land contractual management to the land contract and management right of land contract and management right of land contract and management right of land contract management right transfer to third people. The legal relationship of the right to land contractual management is complex and must be defined clearly; and the rights and obligations of the parties concerned should be clearly defined. "Anti rent this transfer model did not include in the" rural land contract law. But at present all over the country began to appear a number of anti rent Daobao examples, and some scholars think anti rent Daobao land transfer is inevitable, but also the future of rural land transfer trend. In short, there are many problems in the current law of land contract management right, to find the perfect legislation of the problem is to improve the survival of farmers, improve the efficiency of land use, is an important step to solve the problem of rural land in China is an important prerequisite.