ABSTRACT

Introduction The transfer of contractual management right of rural land means that, with the validity of the contractual management right of rural land and on the basis of not changing the nature of ownership and agricultural use of the rural land, the farmer has the right to transfer the contractual management right of rural land to others according to the law. It has been ongoing since the beginning of the implementation of the household contract responsibility system. The Central Document No. 1 in 1986 clearly encouraged the cultivated land to centralize towards the farming expert; the Central Document No. 11 in 1993 proposed a voluntary and compensable principle of land transfer; while Land Contract Law implemented in 2003 used 12 clauses in section five to explain more specifically the issue of the transfer of the contractual management right of rural land. So we can say that there is no obstacle in terms of policy. The Third Plenary Session of the Seventeenth CPC Central Committee held in 2008 further put forward the policy – uphold the basic system for rural operations; stabilize and improve land contract relations; improve the market for the transfer of the contractual management right of rural land with the legal, voluntary and compensable principle; and develop various forms of appropriate large-scale operation where conditions allowed. This actually makes the sensitive issue of land transfer1 a hot topic again.