Rules And Regulations On Contract Validity Of Countryside Land Contractual Management

Along with the fast process of rural industrialization, urbanization construction with the countryside land value's appearance, the dispute on rural land contracting management increases day by day. It appears very urgent and important to research and analyze the rules and regulations of countryside land contracting management that helps to well solve the dispute, improve the countryside land contracting system, facilitate the agricultural development, and maintain the countryside in stabilization.First, this article elaborates the current situation of national and Shanghai area county rural land contractual management validity, takes the several key modes of countryside land contracting operation and the countryside land contracting contract type as example, carrying on discussion on the legal nature and validity of rural land contracting agreement. And analyzes the situation of disputes on countryside land contracting operation agreement validity, from the contracting main body, the terms of content, democratic process etc. Meanwhile analyzes the reason for dispute on the countryside land contracting agreement, from ideology, legal rules and regulations, administration as well as the value orientation of farmland contract development and so on.Next, this article carries on research on regulating the countryside land contractual agreement, in the People Legal Science perspective. Regarding the management for contract period time limit, the real right and the main body management, proposed to revise "the People's Republic of China Countryside Land contracting Law", "the People's Republic of China Land Control law", and formulate the suggestion of local implementation rule and so on to improve the laws and regulations, after making conclusion of the negative effects out of rural land contracting management dispute. In view of the questions on contract main body, procedure and terms of fore-mentioned countryside land contracting management, carry on the elaboration from the Judicial determination and the judgment, proposed the value orientation, judgment standard and the principle for contract validity determination. The article finally from legal management perspective, emphasizes the strengthen the education training to the countryside grassroots cadres , enhances concept of law and improves overall quality, and brings forward its own proposal to prevent and avoid the disputes on countryside land contracting management, through standardizing contract sign, carrying out form text, strengthening the management service, expanding judicial assistance and increasing the law enforcement inspection, and conducting the essential administrative intervention measure such as legal system propaganda and so on.