Defining the Circulation of the Right to Land Contractual Management
土地承包经营权流转内涵界定研究

Up to now,no consensus has been reached by researchers and practitioners on the key theoretical issue of the connotation of the circulation of the right to land contractual management. There exist several main viewpoints on its definition,focusing on reserving the right to (land) contract and transferring the right to land operation (land-use right),and transferring (or assigning) part or all of the right to land contractual management,or changing the right to land contractual management.These viewpoints differ greatly in content and show obvious drawbacks.Adopting the unified legal name is the key to defining its connotation.According to the fact that the circulation of the right to land contractual management includes both the assigned and reserved circulation of the right to land contractual management with property nature,circulating (or transferring) the whole or part of the right to land contractual management with property nature should be regarded as the essence in defining the connotation of the circulation of the right to land contractual management.The circulation of the right to land contractual management is defined as the contractor (assigning party) transferring to others (assigned party)the whole or part of the right to land contractual management with property nature in accordance with the law during the validity period,without changing the ownership, user type and agricultural usage of the land in rural areas.