Legal Analysis of the Property Rights of Land Contract Operation

Author: Hu Luyin
Publisher:
Publish Date: 2004-12-01
Features: The right to land contract operation has been practiced in China for over twenty years and has been enshrined in the Constitution and other laws. How to further regulate and specifically implement the right to land contract operation from the perspective of property law is clearly addressed in this book. The book starts with an analysis of the object of the right to land contract operation. The author argues that on this special object of agricultural production land, collective land ownership and the right to land contract operation are established. Collective land ownership is inherently consistent with the system of co-ownership in common law, and the principle of co-ownership should become the legal basis for reconstructing collective land ownership. This is the premise for analyzing the right to land contract operation. As an independent right of possession, the right to land contract operation has achieved equal status with land ownership. The right to land contract operation is already well-established, and there is no reason to impose a new term on hundreds of millions of farmers. The establishment of the right to land contract operation, in addition to adhering to the general principles of property rights establishment, must also follow the principles of fairness and democracy. The contract for establishing the right to land contract operation is, in its essence, a civil contract. The content of the right to land contract operation is manifested as the unity of rights and obligations of the land contract operator in occupying and managing the land. The law can only stipulate the basic rights and obligations of the right to land contract operation, while the specificization of these basic rights and obligations and other aspects depend on the parties to be determined in the land contract. The transfer of the right to land contract operation is the process in which the original land contract operator transfers the right to land contract operation to another person, making them a new land contract operator. In this process, it is necessary to affirm the status of the land owner and to distinguish and protect the common interests of the land owner and the operator. Providing only the same level of protection for the right to land contract operation as for land ownership is far from enough. The interest of survival should also be the value orientation for protecting the right to land contract operation. In addition to the general protection of property law for the right to land contract operation, special protection should also be given to the interests of rural women's right to land contract operation and landless farmers. This book not only explores, interprets, and analyzes the basic property issues related to the right to land contract operation but also studies specific issues such as the mortgage, inheritance, and shareholding of the right to land contract operation, striving to construct a brand-new system for the right to land contract operation.