Research on the Legal Problem of Family Contracted Management Right Circulation
|Course||Civil and Commercial Law|
|Keywords||Family Contracted Management Right Circulation Shares Trust Inherit|
Contractual right of the family which is a kind of Usufructuary right has beenestablished for the property law and the nature of the controversy also has been settleddown, which protect the legitimate rights and interests of farmers is undoubtedly a bigstep forward, but also for the right to transfer the household contract managementeliminated the theory based on the obstacles. Household contract is the right person theright to transfer rights of their punishment, the right of the family contracting one of theinherent power. It is this property, legal action was the right person should be given theright to freedom of other persons or organizations should not be arbitrary interference.And it is this property of the request and closed rural land conflicts, leading to thehousehold contract management rights transfer process in some column problems. This isthe theory and practice of the difference in the conflict, this conflict has become ahousehold contract management rights transfer bottleneck in the development. Thus, tothe family healthy and orderly transfer of the right contract management standardsdevelopment, deal with this contradiction has become a key breakthrough.Therefore, this article from the family contracting right start with the basic theory,with the eyes of the law in the transfer process to explore and analyze the problem, tryingto find a legal way to solve the problem and hope for the family contracting right thing todo minimal legal construction contribution. In the paper structure, it totaly is divided intothree parts, the first part of the household contract management rights transfer is the basictheory of the household contract management rights transfer to the meaning,characteristics and nature of the definition of a clear contractual right of the familytransfer theoretical foundation, the family as a contractual right of usufruct of theproperty provided the basis for the transfer of this property makes ownership of ruralland to protect its survival diminished responsibility as possible; the second part of theproperty on the basis of detailed analysis contractual right of the family in the process ofcirculation problems, circulation in the discussion of the meaning of autonomy, the rightto change the family contracting business publicity, family stake in the franchise contract,mortgage, trust, inheritance and other transfer modalities, including family contract franchise mortgage, trust, inheritance is not legally recognized as the transfer of flowpatterns, respectively, this paper attempts to analyze them from a theoretical argument toshow them the way of household contract management rights transfer feasibility. Thethird part is the first of two parts based on the transfer of the right of the householdcontract system, the improvement measures, the first clear contractual right of the familytransfer the basic ideas, including the principles and values, then a complete set ofhousehold contract management rights the transfer of specific recommendations,including the four aspects, namely the establishment of property-type flow model, toovercome the legal status and flow conditions for the restrictions; perfect right to registera family contracting right of publicity credibility system; rich family contract the right tooperate the power-the mortgage, the second is to select the most advantageous way ofshares, by legislation the provisions of cooperatives in rural areas share. The third is thecontractual right of a family trust mechanism,.The fourth is to inherit the familycontracting right into the mode of transfering.