Transcending Rural Land Contractual Management Right Attributes and Overcoming its Circulation Obstacle:a Leap from Usufruct Right of Civil Law to Economic Law Right
Gao Ha
Abstract
Gao Ha
Abstract
The leap of right attribute is an effective route to overcoming the legal obstacle in the circulation of rural land contractual management right. Only through a correct cognition on the conflict between the individual interests and social public interests,through the elevation of the attribute of rural land contractual management right to the right of economic law on the basis of inheriting the usufruct right of the civil law,and through transforming the domination of the exchange value into the domination of use value in becoming a shareholder and financing guarantee of rural land contractual management right out of conception of social standard and balanced coordination in economic law,could the legal obstacle in becoming a shareholder and financing guarantee of rural land contractual management right be overcome effectively.
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The leap of right attribute is an effective route to overcoming the legal obstacle in the circulation of rural land contractual management right. Only through a correct cognition on the conflict between the individual interests and social public interests,through the elevation of the attribute of rural land contractual management right to the right of economic law on the basis of inheriting the usufruct right of the civil law,and through transforming the domination of the exchange value into the domination of use value in becoming a shareholder and financing guarantee of rural land contractual management right out of conception of social standard and balanced coordination in economic law,could the legal obstacle in becoming a shareholder and financing guarantee of rural land contractual management right be overcome effectively.
Key concepts: Obstacle, Circulation (fluid dynamics), Shareholder, Business, Exclusive right, Value (mathematics), Law, Law and economics