Cognizance And Disposal Of Contract Disputes In "Selling Leads"

With the gradual development of China’s rural economy and farmers’ income levelsincrease, the rural land contract management rights transfer more frequent, while the transferof related disputes is also increasing. In this case, our law allows legitimate land contract andmanagement rights transfer, but the relevant provisions do not at night, even in the "SupremeCourt to hear disputes involving rural land contract law applicable to the interpretation of"after the introduction of practice relating to land contract management rights transfer is stilldifficult."Sellers ride to" contracts are common in some parts of the transaction contract, withregional characteristics, the processing of such contract disputes, in addition to consideringthe general transfer of the right to land contractual management disputes characteristics, suchdisputes should be combined with particularity comprehensive consideration.The first part of this article, the author enumerates two "sell by" the actual case ofcontract dispute, carries on the analysis comparison, put forward the current problems in thetypes of contract dispute, and points out the difficulties in handling disputes in judicialpractice;The second part, reviews the developing history and rural land policies in China, therelevant provisions of the right to the contracted management of land circulation of the rightto the contracted management of rural land use restrictions described;The third part, by analyzing the characteristic of the right to the contracted managementof land circulation, circulation conditions, put forward the right to the contracted managementof land circulation of the social security function of land use should be considered, but alsoshould pay attention to the realization of the efficiency of land value, and further analysis wascarried out on the right to the contracted management of land value, points out the cause ofthe right to the contracted management of land circulation dispute;The fourth part, to respectively in this paper, the common way of circulation, focus ontransfer behavior of constitutive requirements are analyzed and determined, compared withthe circulation of subcontract, swaps and other distinction;The fifth part, and finally combined with the case in this paper, on the right to thecontracted management of land transfer contract screened and identified for evaluation, put forward "sell by" contract dispute processing should not only consider the value of thecontracted management of land, The judgement should combine trading habits.