The Transfer of Rural Land Contractual Management Rights in the Field of Vision of Property Law

The limit is necessary and feasible that the assignment of Rural Land Contractual Management Rights should be agreed by collective economy organization. In addition, the property law also should provide that the members of collective economy organization have priority right under the same condition, but it is not suitably that the scope of recipient is confined to the members of collective economy organization. After the rental of Rural Land Contractual Management Rights, the right which the tenant obtains is a kind of property right from creditor's right, and the limit of its lease must conform to the provision in contract law. It is significant breakthrough to the present legislation, practical and feasible that the fourth Real Right Law Draft allows Rural Land Contractual Management Rights to mortgage, but the realization way of mortgage has its particularity and the flexibility. To design the system on the inheritance of Rural Land Contractual Management Rights must consider the reality of countryside of our country fully, and maintain the coordination between the correlation laws.