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Promoting the registration of rural land contract and the multi-significant functions of management rightCondensed version
2015-09-23
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Zhen Zhong

Assistant Professor

School of Agricultural Economics and Rural Development

Renmin University of China

Introduction

The registration of rural land contract and management right is a basic job of affirming and protecting rural land contract and management right of farmers, and guaranteeing the business safety of the land circulation, and perfecting the rural land contract and management system. There are all-round meanings to establish the system of the registration of rural land contract and management right to push on the registration of rural land contract and management right.

First, the registration of rural land contract and management right is the basic method to affirm and protect farmers’ property in land.

The rural land contract and management right is a significant property right of farmers, and it is a kind of beneficial and lawful right for them. For a long time, the reason why contract management has been taken as the principle thing of the rural land contract and management right is that it lacks the normative national registration. Though the rural land contract management is relatively thorough, the contracted land that the land contract and management right corresponds to be not distinct in demarcation and area. The registration of the rural land contract and management right is that the state makes further confirmation to the lawful rural land contract and management right. According to those under contract, transferable and interchangeable contract of the legal protection, the state should go ahead with more rigorous, normative and scientific survey, measurement and publicity to affirm the ownership, location, range and area, and record it in the certificate regarding land ownership and registration the book to solve the problem. Establishing the registration system of the rural land contract and management right and affirming the rural land contract and management right of farmers by the state is beneficial to improve the farmers’ land property right consciousness and the cognition that whole society treat the quality of the rural land contract and management right.

Second, the registration of rural land contract and management right is the basic platform to guarantee the healthy development of land circulation.

The state allows the land circulation all the time since rural land contract began to practice. Farmers’ right is injured in all probability after land management right of farmers is on the move by rent because it lacks rigorous awarding certificate and unclear limit and inaccurate contract area of contracted land. Establishing the registration system of the land contract and management right, pushing on the registration of the land contract and management right, carrying out alternative registration of the land contract and management right frequently, constructing the information service platform of the registration system of the land contract and management right and registration to affirm the land contract and management right are beneficial to guarantee bilateral equity about the transfer, rent, exchange and investments of the land contract and management right, to reduce land circulation dispute and fraudulent conduct in the market, to reduce the cost and transaction expenses of searching market message, to improve land market efficiency and to develop land appropriate scale management in an orderly way.

Third, the registration of the rural land contract and management right is an important instrument to perfect and implement agriculture and village public management policy.

Many agriculture and village public management policies are connected with land, the registration of rural land contract and management right is the important instrument to perfect and implement agriculture and village public management policy. For example, grain farmers’ direct allowance is connected with the land contracted area at the present stage. The registration system of land contract and management right is not established and the contracted land’s limit is not distinct effect the policy’s fairness in operations and implementation. Carrying out the registration of the rural land contract and management right and establishing the thorough registration system of the land contract and management right are beneficial to provide evidence for enacting and deciding the land use plan, plow protection, renovation of land, agriculture allowance and improvement of operations and implementation as well as reduction of costs.

Fourth, the registration of the rural land contract and management right is a precondition to further deepen the rural land system reform.

The state’s rural land system reform has had a great performance, but reform progress is not the end and the rural land contract and management system needs to improve. Roundly deepening the rural land system reform needs to be pushed based on reform’s arriving performance. The registration and awarding certificate of the rural land contract and management right is beneficial to stabilize the invariable policy based on the land contract relationship to give farmers the invariable and guaranteed land contact and management right, providing reliable operational tool in the process of carrying out impawning land property and pushing on land requisition system based on affirming and protecting farmers’ land contract and management right to realize compensation to the farmers of land acquisition.

Fifth, the registration of the rural land contract and management right is also a basic job in implementing rules of the country by law about agriculture.

The state’s Property Law and Rural Land Contract Law definitely make standards about the rural land contract and management right, provide basic evidence and stipulate specific request. Establishing the registration system of the rural land contract and management right and pushing the registration and awarding certificate of the rural land contract and management right is a basic job to implement the connected stipulation of Property Law and Rural Land Contract Law and the rural land contract and management system by law. It is significant to roundly push on the legal construction in the field of agriculture.

CONCLUSION

The new land contract is based on the first-round contract combined with the second-round continuing contract, with the agreement of the farmers and the recognition of the laws. However, since the second-round has been influenced by complex history and registration background, there are plenty of problems to be solved, such as the area not being clear, and the registration is not completed. Next step, the government will expand the registration job, plan the progress and reformulate the regulations, and set up the information system of land management.

Source:

Translated from Xiaoying Wang’s article—— “Promoting the registration of rural land contract and management right has multi-significant functions” Farmers’ Daily (a Chinese newspaper)http://nyzc.xn121.com/zcjd/10/1739056.shtml

 

Date submitted: Sept. 21, 2015

Reviewed, edited and uploaded: Sept. 23, 2015

 

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