The Legal Research on Contract of Circulation of Rural Land Contract and Operation Right
|School||Nanjing Agricultural College|
|Keywords||The Circulation of Rural Land Contract and Operation Right Circulation Contracts Configuration about Right and Responsibility Effectiveness Cognizance|
Normal performance of legal circulation contract plays an important role in improving the resource allocation efficiency of land, promoting large-scale agricultural operations and agricultural structure adjustment. But due to the lack of contracts, many famers fell in circulation disputes. And under the conditions of market economy, perfect contract is the inexorable trend of economic behavior, so the circulation contract research has realistic meanings.The thesis is consisted of three parts, including introduction, main body, and conclusion.The introduction section is about the background, in the current economic situation and the rural economy development, the contract of circulation of rural land contract and operation right is an important documents to protect the lawful rights for both contract’s sides. The contract’s lacking and imperfect is the important reason to rural land disputes. Based on the research achievement of this topic, this paper raised the research purpose and ideas, to lay the foundation for the research of below.The main body is divided into six chapters:The first chapter describes the basic problems of the circulation contract. The circulation contract’s subject and procedures are restricted and intervened by the government, which made the circulation of contract is different from normal civil contract; Transaction cost theory and government intervention theory are the basic theory of circulation contract, Keeping the land in agricultural use and respecting farmer’s autonomy are the principles, which should be special abide.The second chapter focuses on the subjects of the circulation contract. Land circulation market is not for arbitrary subject, different circulation ways lead to different legal relation among the owner, contractor and assignee. The legal contractor and assignee who has agricultural management ability are optimal contract subjects, the government should regulate the circulation of rural land, but cannot become the subject.The third chapter discusses configuration about right and responsibility on circulation contract. In different way of circulation, assignee get different characteristic rights:real rights and creditor’s rights. Both sides of the contract have to take different obligations. In addition, this chapter holds the view that parties still have to assume corresponding responsibility in the contract’s contract and performance in special circumstances.The fourth chapter analysis the effective condition and invalid situation of circulation contract, using typical cases to explain how to recognize the circulation contract effectiveness, pointes out that there is no necessary relation between an effectual contract and the transfer of circulation of land contract and operation right.The fifth chapter points out that circulation contract dispute become larger amount, increased complexity and more difficult to solve, strengthen the emphasis on mediation and arbitration is an effective way to resolve circulation contract disputes. On this basis, proposing to implement a multi-agency multi-linkage idea to resolve disputes.The sixth chapter is on above analysis and discussion, summarizing the contract text should be provided with the necessary terms, comparatively analysis circulation contract text of Nantong, Zhejiang and Guangdong, points out their shortcomings, and puts forward a circulation contract reference text.Epilogue part summarizes the whole thesis and puts forward the prospect of research in the future. And under the conditions of market economy, perfect circulation is powerful weapon for both sides to safeguard their own lawful rights, a sound circulation contract system is effective protection to help the circulation of rural land contract and operation right market to healthy and orderly operation.