The basic norms of the Civil Code on the transfer of land management rights need to be systemati-cally interpreted in the light of the policy objectives of the"separation of ownership rights"reform.The nature of land management rights should be dualistic.If the transfer or re-transfer of land management rights has not been filed with the collective economic organization to which the farmland belongs,it does not affect the valid-ity of the transfer or re-transfer of land management rights.But the re-transfer behavior in land management right without the written consent of the contractor is regarded as invalid.It is also invalid for the transferring of land management right to the social capital such as enterprises without the administrative license of the people's government at or above the county level.Whether or not to register and obtain ownership certificates shall not affect the validity of land management rights transferring.The land management rights with real rights nature can be used to mortgage,and the land management rights with creditor's rights nature can be used to pledge.The transfer of land management rights arising from the other contracting methods should part-ly refer to the regulations governing the transfer of land management rights in the context of family contracting.
separation of ownership rightsCivil Codeland management rightstransferring
维普
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