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Researches On Land Contracting Disputation

Posted on:2012-11-03Degree:MasterType:Thesis
Country:ChinaCandidate:J DongFull Text:PDF
GTID:2166330332490303Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The issues concerning agriculture is China's current social hot problems, is related to social stability and sustainable development of the Paramount. Land is the survival of human society, the most important resources, "is all production and all beings source". In recent years, with agricultural tax cuts and tax reform for food straight as the deepening and a series of humming policies in the land, farmers of land investment value degree and the enthusiasm of the increase, the land benefit has been markedly improved, interest drive led to the rural land contracting dispute shows ascendant trend. This kind of dispute has both the general social disputes, the more its common unique personality, Such as the scope of the diversity of universality, disputes, dispute properties of pluralism, disputes the group and cause the scale of complexity, etc. Based on the characteristics of rural land disputes, dispute type and the causes of dispute several aspects of the current way to settle disputes analyzed advantages and limitations, and constantly improve and enrich solve the land dispute system, constructing the diversification of land contracted dispute settlement mechanism.The main contents include: the first chapter, preface. The main contents include the background and significance of this paper, the research situation, the thesis research methods and paper innovation points; The second chapter, mainly summarized the present situation and land contract disputes characteristic; In the third chapter, the land contract disputes typed analysis. Summarizing the type of land contract dispute, mainly divides into contract disputes, tort disputes, circulation disputes, compensation distribution dispute and other disputes. In other disputes to the current society part emphasizes several kinds of prominent disputes are expounded and analysis; The fourth chapter, land contracting the cause of the trouble explored. Divided into three reasons: social origin, realistic root and legal root. The fifth chapter, land contract disputes in the processing of some knotty problems: The first is the application of the principle of the changed circumstances; The second is rural collective economic organization members' qualification problem; The third is in the rural land contracting dispute processing how to reasonably determine the scope of accepting cases of court. The sixth chapter, land contract dispute settlement mechanism. This article is to construct a systematic land contract dispute settlement mechanism, divided into prevention mechanism and solving mechanism. Prevention mechanism and solving mechanism of effective combination will promote the development of rural social health smoothly.
Keywords/Search Tags:Land contract disputes, Dispute type, Solution mechanism
PDF Full Text Request
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