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| Cao, Wu-Kun; Wu, De-En. |
| 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... |
| Tipo: Journal Article |
Palavras-chave: Rural lands; Contractual management right; Circulation means; Contract system; China; Agribusiness. |
| Ano: 2010 |
URL: http://purl.umn.edu/97636 |
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| Chen, Han-bing. |
| Based on the judicial explanation of the contractual management right of land, the thesis elaborates the definition of main body of contractual management right of rural land; right of possession, use right, usufruct of contractual management right of land; autonomy of production and operation; disposition of the products; expropriation and occupation compensation authority of contractual land respectively, in order to demonstrate the connotation of land contractual management. The thesis also analyzes perspicaciously the phenomenon of non-agricultural-use land and proclaiming phenomenon of contractual management right of land. We should establish normalized rural land property rights register system to perfect contractual management right of land.... |
| Tipo: Journal Article |
Palavras-chave: Rural land; Contractual management right; Circulation; China; Agribusiness. |
| Ano: 2010 |
URL: http://purl.umn.edu/102393 |
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