The Research Of The Right To Land Contractual Management's Tortious Liability

Land is not only the most basic factors of production of farmers, but also the basic living secutity of farmers.The Law of the People's Republic of China on Land Contract in Rural Areas is enacted for the purposes of stabilizing and improving the two-tier management system that combines centralized and decentralized management on the basis of household contractual management, granting to the peasants long-term and guaranteed land-use right,safeguarding the legitimate rights and interests of the parties to land contracts in rural areas,and promoting the development of agriculture and rural economy and social stability in the countryside. The right to land contractual management as one kind of usufructuary right greatly inspired the enthusiasm of fanners, which promotes the realization of social justice and has positive significance and practical significance for building a harmonious socialist society. Land as the survival source of fanners whostay in the lowest level of the community has deep roots with them.So the legal protection of rights to farmers, especially the right to land contractual management is very importent. Any violation of the right of farmers to land contractual management will be punished by law.The first part of papers focusing on the problem of the right to land contractual management's legal nature,describes the development of the right to land contractual management in history,explains the concepts and legal characteristics of the right to land contractual management, and the differences with other rights related. And then analyzes the behavior of the form of infringement to rights of land contractual management,especially the characteristics of specific behavior in the infringement of land contracting and management, trying to find legal reasons and social causes behind the violations.Through to the foregoing theory, some legal measures on the protection of the right to land contractual management are put forward. Finally evaluates the issues about tort liability,highlighting that Any organizations or individuals that infringe upon the contractor's right to land contractual management shall bear civil responsibility.