Empirical Research On The Disputes Of The Contracted Management Of Rural Land

Our country has 900 million farmers. The issue concerning agriculture, countryside and farmers relates to the social stability, and it is the prerequisite and basic of our country's reform and opening-up and the social development as well. Protecting farmers'contracted management of land in accordance with law has the extremely vital significance for promoting the rural economic development, maintaining the stability of the rural society and the construction of socialist harmonious society.In recent years, with the accelerating of the rural social transformation and the deep of the country three rural policy revolutions, the disputes of the contracted management of rural land, which are triggered by the land contract, increase day by day and massively concentrated in the people's court. It has become a kind of common multiple case accepted and heard by the people's court, especially by the rural people's court. How to handle these disputes correctly, timely and properly is the aporia and emphasis of the people's court at all levels, especially the rural people's court. Exploring the understanding and application of the law related by the disputes of the contracted management of rural land and perfecting the disputes resolution mechanisms have both theoretical value and more practical significance.This paper based on the accepting and hearing of the contracted management of rural land disputes case. To the legal problems that we often meet and that are controversial during the judicial practice, we put the thing that has helped to the trial of the case and the solution of the contradiction first, and both clarify a point and set the work practice. At the same time, we take some assumptions and suggestions on perfecting the contracted management of rural land dispute settlement mechanism, hoping that it can help to the judicial practice and work practice.In the first part of this paper, regard the 141 contracted management of rural land disputes cases, which were heard and concluded by the Dasuihe tribunal people's court in Chuanying District, Jilin City where the author works from 2007 to 2010, as the investigation object, and do the data analysis on trial of the case, the type of the case and the case settlement and make a typed analysis from the subject cause, content and the solution of the dispute five aspects, finally summarized the five kinds of direct causes that lead the contracted management of rural land disputes to appear. They are: Regulations and policies lag; the lack of rural social security system; the impact of the national three rural policy changes; the lack of the town and village organization management services; and farmers'legal consciousness enhancement and collective leadership cadre legal concept of relatively backward.The second part, closely combine the actual conditions of judicial work, to the four common problems—the subject of the right to the contracted management of land, the demarcation of the membership of the rural collective economic organizations, the understanding and application of the principle of democratic agreed and the change of circumstances in the contacted management of rural land disputes cases, which are met in the trial of the contracted management of rural land disputes cases. At the same time, differentiate and analyze the related legal concepts and principles, debate views and the mainstream opinion, etc and learn each other's successful experience and expound the author's view from the angle that can help to the trial of the cases and the settlement of the contradiction.The third part, beginning with the lack of analyzing the contracted management of rural land dispute settlement mechanism of the current, and combining the practice exploration that is made to settle the contracted management of rural land disputes diversely, put forward the five strategies to improve the contracted management of rural land dispute resolution mechanism: firstly, strengthen the government agencies function, broaden the channels for the farmers appeal and construct an multi-typed mediation work system appeal to more than the big mediation system; secondly, establish and improve the daily management agencies of the land circulation to prevent and reduce the source of the disputes; thirdly, set up and improve the rural land arbitration agency to ensure the arbitration mechanism to work; fourthly, strengthen the construction of the roots mediation organization and do our best to solve the disputes in early or the bud; finally, the people's court is based on hearing impartially, and realize the reasonable cohesion between the lawsuit and non-litigation mediation. Thus, construct the all-round, multilevel and much requird conflict resolution mechanism that can content the subject of the land disputes based on the rule of law to protect farmers'land rights and interests more timely and roundly.