The Solution Of Rural Land Contract And Management Rights Dispute

The most massive countryside is the most complicated part of rural, however countryside construction and so on various aspects and cannot leave the land, so the importance of land for the countryside appear especially apparent and striking, land and also people living and production on. To solve the problem of the current land to solve three agricultural problems has very big effect. Rural land system has become the hot issue in the society, but also many contradictions gathered.With the establishment of the socialist market economy, with perfect gradually contracted management of rural land also appeared a lot of new situation, the new question, infringing upon the contracted land disputes, is a new trend. This kind of dispute area wide amount is large, policy and seasonal are strong, processing is difficult. So will the importance of resolving disputes is especially important.Contracted management of rural land types of disputes main violation contracted management of rural land disputes and contracted land circulation disputes. Infringe upon the contracted management of rural land dispute mainly displays are:village collective economic organizations (or committee) infringed farmers contracted management of land; Local villagers interference contracted land of agricultural production and the formation of contractor infringement; WaiJia female, divorced women, widowed women were deprived of the contracted management of land, etc. The contracted land circulation dispute mainly displays are:contract awarding program in violation of regulations; Land contract content not clear; The developer, will release without authorization shall be separately subcontracted to others; land The developer unilaterally ChengBaoJin, cannot improve prescribed by the contract of land on time delivery to the contractor use; The contractor don't pay ChengBaoJin etc.Contracted management of rural land disputes in the forms mainly has: the rural land requisition compensation system is not perfected; Rural new population not contracted land; Land ownership unknown or demarcation not clear caused problem; Contracted management of rural land circulation of non-standard problem; Not according to certain rules or radiolarian.it land caused problem; adjust A third person contracted management of infringement caused by the contractor, etc.Contracted management of rural land disputes causes mainly has: farmer collective land ownership be misinterpreted, land ownership incomplete; The social security system incomplete laws, rules and regulations; Lack of effective restriction mechanism; Farmers' concentration living and homestead transfer process to farmers' rights of damage.Contracted management of rural land to resolve disputes key and difficult is how to solve the contracted management of rural land in the village andvillagers pledges and contracted management of rural land policy and contracted management of rural land in the contradiction between the legal three. Rural land management system of achievement display and government expected effect is always the formation of strong contrast, excessive speed up urban construction, of course, is an important aspect, but urgent problems at present not speed up the construction of the city, but full protection of the contracted management of rural land. Because of the most fundamental reasons or the most direct farmers contracted management of land has not been fully and reasonable protection will seriously affect the development of the countryside various aspects. Legal system from mediation perspective, in order to better solve the contracted management of rural land disputes, and we should make full use of the local resource and improve rural contracted management of rural land legal system, give full play to mediation conciliation function. Because mediation with lower cost, flexible and effect is good wait for an advantage, and from legal history, from the perspective of our traditional society conciliation is the main means to settle disputes, especially in traditional rural community performance is more obvious.At present, our country legal for virgin female, divorce widowed women who contracted management of land on the protection of the growing importance. Daily life of their rights and interests are infringed upon happens. Trial involving such contracted land disputes, should adhere to the "the rural land contracting men and woman enjoy equal rights" principle, so as to fully effectively protect women's lawful rights and interests.Should build residential resettlement and homestead conversion in farmers'rights safeguard mechanism, regulate land contracted management flow, legally regulate the contracted land circulation, reduce the rural land contracting contract dispute, reasonable division of responsibilities and arrange divided four aspects to perfect our country's rural contracted land reform of the relevant mechanism."Land contracting law must accelerate the progress of the methods for implementation of the legislation to strengthen this part of law practice. Meanwhile, and rural grassroots democracy slogan and vigorously develop the requirements of the socialist market economy, to coordinate the land contracting law "and" the organization law of villagers committee and some other related laws to revise, but should also take note:the following problems of rural collective land must be enjoyed by all the villagers groups all return; Collective economic forms of villagers also enjoy the rights of the contracted land; And enjoy the basis of contracted land expropriation compensation acquiring other and the rights of its earnings.