Rural land circulation not only relieves the contradiction between people and land, makes some farmers move out of the land, but also promotes agricultural scale operation, which is a good way to improve the comparative benefit of agriculture; Land circulation is the extension and development of the household contract management system. 1. What is land circulation? Land transfer refers to the transfer of land use rights; The transfer of land use right means that farmers who have contracted the land management right transfer the land management right (use right) to other farmers or economic organizations, that is, retain the contracting right and transfer the use right. Management rights can be transferred through subcontracting, transfer, shareholding, cooperation, leasing and exchange, and farmers are encouraged to transfer contracted land to large professional households and cooperatives to develop agricultural scale operation. Second, the basic principle of land transfer 1, adhere to the principle of ensuring ownership, stabilizing contracting rights and invigorating the right to use; 2, safeguard the rights and interests of farmers, adhere to the principle of "voluntary, paid, according to law"; 3. Adhere to the principle of optimal allocation of land resources and optimal combination of production factors such as land; 4. Adhere to the principle of protecting cultivated land and focusing on protecting basic farmland. Three. The contents of the contract for the transfer of rural land contractual management rights (1) the names and residences of both parties; (two) the location, area and quality grade of land transfer; (3) the time limit and the start and end dates of the circulation; (4) circulation mode; (five) the transfer of land use rights; (six) the rights and obligations of both parties; (7) Transfer price and payment method; (eight) the disposal of ground attachments and related facilities after the expiration of the transfer contract; (9) Liability for breach of contract. Four. Regional differences of land circulation In the practice of new rural construction, some areas are exploring the rural land circulation mode and implementing the integrated circulation mode of rural agricultural land and rural homestead. 1, Shandong's land circulation mode of "linking the increase and decrease of urban and rural construction land" and "linking the increase and decrease of urban and rural land" is to reduce farmers' land and increase urban development land on the premise of ensuring that the red line of cultivated land protection does not break through. 2. Chongqing's "land ticket system" land transaction mode Chongqing's land ticket system is a new exploration to implement the policy of linking the increase and decrease of urban and rural construction land. "Land ticket" is a land index that can be used for construction after reclamation and strict acceptance by the land management department, and it is a kind of right certificate. After the land contractual management right obtained through transfer or exchange is registered according to law and the land contractual management right certificate is obtained, it can be transferred by subcontracting, leasing, exchange, transfer or other means in accordance with laws and national policies.
Legal objectivity:
Rural land contract law
Article 36
The contractor may independently decide to transfer the land management right to others by leasing (subcontracting), shareholding or other means according to law, and file it with the employer.
Rural land contract law
Article 40
When transferring the land management right, both parties shall sign a written transfer contract.
Rural land contract law
Article 46
With the written consent of the contractor and filing with the collective economic organization, the transferee may transfer the land management right again.