The conceptual connotation of land contract management rights

Detailed explanation of land contracting and management rights.

Summary. Qualitative Since China's rural land is mainly collective land (1) The concept of land contract management right "Land contract management right", or "rural land contract management right", refers to the contractor's right to control and enjoy the benefits of collectively owned or state-owned land but used by the collective for a long time within the scope of the law and the contract. (1) Subject Limitation Since China's rural land is mainly owned by collective land, the right holder of land contract management right is, in principle, a member of the collective economic organization.

2) Subject matter qualification. Its object is therefore limited to rural land. (3) Acquired by contract.

(4) Duration. There is a certain time limit on land tenure. (5) Liquidity.

In accordance with the law, the land contracting and management right certificate or forest right certificate may be freely transferred in accordance with the law.

Qualitative Since China's rural land is mainly collective land Chichang land (1) The concept of land contract management right "Land contract management right", or "rural land contract management right", refers to the contractor's right to control and enjoy the benefits of collectively owned or state-owned land that has been used by the collective for a long time within the scope prescribed by law and the contract contract. (1) Subject Limitation Since China's rural land is mainly owned by collective land, the right holder of land contract management rights is, in principle, a member of the collective economic organization. 2) Subject matter qualification.

Its object is therefore limited to rural land. (3) Acquired by contract. (4) Duration.

There is a certain time limit on land tenure. (5) Liquidity. In accordance with the law, the land contracting and management right certificate or forest right certificate may be freely transferred in accordance with the law.

Content of land contracting and management rights 1, the right of possession 2, the right to use Shengyou 3, the right to benefit 4, the right to lease 5, the right to transfer 6, the right to subcontract 7, the right to buy equity 8, the right of exchange 9, the right of mortgage 10, the right to claim in rem 11, the right to claim in rem The formal law distinguishes different types of land and implements different contracting methods, including two types: household contracting and other forms of contracting.

The right to contract and manage land refers to the right of citizens to contract and manage state-owned land owned by collectives or state-owned by the whole people and used by units owned by the whole people. The right to this right is to be a citizen or a collective; The object of rights is collectively owned land or state-owned land owned by the state and used by units owned by the whole people or collectively; The content of the rights is stipulated in the contract. The right to contract and manage land (hereinafter referred to as the "right to contract and manage") is a new type of property right that reflects the rural contract management relationship in the reform of China's economic system.

The right to contract management refers to the right of the contractor (individual or unit) to contract the use and benefit of collectively owned or state-owned land or forests, mountains, grasslands, wastelands, tidal flats and water surfaces for engaging in planting, forestry, animal husbandry, fishery production or other production and operation projects.

1) The concept of land contract management rights.

Rural land is the most important means of production for the members of rural collective economic organizations to seek survival and development, so the right of members of rural collective economic organizations to participate in the contractual relationship in accordance with the law and to obtain the right to operate the land contracted by the collective should be guaranteed. Therefore, Article 5 of the Rural Land Contract Law stipulates that "members of rural collective economic organizations have the right to contract rural land contracted by their collective economic organizations in accordance with the law.

No organization or individual may deprive or unlawfully restrict the right of members of rural collective economic organizations to contract land. ”

Although the right to contract and operate land arises from a contract, it is not limited to the property relationship between the contractor and the collective organization, but is a kind of property right with a different nature from the creditor's right, and it is also a new type of property right that reflects the rural contract management relationship in the reform of China's economic system. The right to contract and manage land refers to the right of the right to contract the use and benefit of collectively owned or state-owned land or forests, mountains, grasslands, wastelands, tidal flats, and waterside areas for the purpose of engaging in planting, forestry, animal husbandry, fishery production or other production and business projects.

2) The characteristics of land contracting and management rights.

As a new type of property right that reflects the rural contract management relationship in the reform of China's economic system, the land contract management right is characterized by the interference judgment

1. The subjects of land contracting and management rights can be divided into two categories according to two different methods: the owner of land contracting and management rights contracted by households must be individuals or "peasant households" (families) engaged in agricultural production, and be members of the village collective economic organization to which the contracted land belongs; Where rural land is contracted through bidding, auction, public consultation, or other means, the contracting party may be a unit or individual other than the collective economic organization.

2. The right to contract and manage land is the right to exist in the land owned by the collective or the state, or in forests, mountains, grasslands, wastelands, tidal flats, and water surfaces. In other words, the subject matter of land contract management rights is collectively owned or state-owned land or forests, mountains, grasslands, wastelands, tidal flats, and water surfaces, not other property. Some collective organizations distribute part of the livestock, farm tools, or other means of production to the contractor at or without a price according to the amount of land contracted by the contractor, which is a right attached to the right to contract and manage the land.