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Contract System for Circulation of the Right to Rural Land Contractual Management

Author

Listed:
  • Cao, Wu-Kun
  • Wu, De-En

Abstract

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.

Suggested Citation

  • Cao, Wu-Kun & Wu, De-En, 2010. "Contract System for Circulation of the Right to Rural Land Contractual Management," Asian Agricultural Research, USA-China Science and Culture Media Corporation, vol. 2(08), pages 1-5, August.
    • Handle: RePEc:ags:asagre:97636
    DOI: 10.22004/ag.econ.97636
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    Cited by:

    1. Min Zhou & Hua Zhang & Zixuan Zhang & Hanxiaoxue Sun, 2023. "Digital Financial Inclusion, Cultivated Land Transfer and Cultivated Land Green Utilization Efficiency: An Empirical Study from China," Sustainability, MDPI, vol. 15(2), pages 1-19, January.
    2. Haizi Wang & Chaowei Li & Juan Liu & Shibin Zhang, 2019. "Research on Farmers’ Willingness of Land Transfer Behavior Based on Food Security," Sustainability, MDPI, vol. 11(8), pages 1-17, April.

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    Keywords

    Agribusiness;

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