A Study On Contractual Operation Right Of Rural Land

Contract relationship of rural land in China has been confirmed in law due to theenforcement of Rural Land Contract Law. And the Real Right Law brings contractualoperation right of rural land to legal track further, which has a great significance torural stability, agricultural development and the protection of peasants’ lawful rightsand interests. However, there are lots of problems in the process of contractualoperation of rural land. Since China began to build a moderately prosperous society inall aspects, the dispute case concerning land contract has increased with continualincreasing tendency. There are many new problems and situations in the judicialpractice, nevertheless, the need for rural land contract can not be satisfied because thecurrent laws and regulations are not perfect, which has an adverse effect on ruralstability and development. Therefore, the urgent problems need to be solved inlegislation and legal practice are how to regulate contractual operation right of ruralland effectively, protect peasants’ lawful rights and interests powerfully, solve landcontract disputes properly, seek for balance between fairness and efficiency andhandle and dissolve disputes duly.Based on the existing legal practice, the legislative purposes are abided by andlegal theory research achievements are deliberated in the frame of relevant laws andregulations in this thesis. From the aspect of the right attribute of contractualoperation right of rural land, all the infringements of contractual operation right ofrural land are sorted out, analyzed and summarized, aiming to put forwardrationalization proposals and provide the lawful rights and interests of the holder ofcontractual operation right of rural land with more comprehensive and accurateprotection. This thesis can be divided into three parts. The first part is about thesummary of the disputes on contractual operation right of rural land. From the systemof contractual operation right of rural land, the essential attributes of contractualoperation right of rural land are explained from the aspects of meaning andcharacteristics in order to summarize the meaning, characteristics and principles ofthe transfer system of contractual operation right of rural land. At the end of this part, the causes and characteristics of disputes on contractual operation right of rural landare analyzed with the focus of summarizing the meaning of contractual operationright of rural land and the relevant legal basis. The second part is about the types oflawsuits on contractual operation right of rural land. Combining the typical cases intrial practice, the litigation subject and its responses of the disputes on contractualoperation right of rural land and various types of cases are analyzed and summarized.Some disagreements and conventional opinions are also explained in this part. Thethird part focuses on solving the disputes of contractual operation right of rural land.From the existing legislation, this part proclaims the original intention of legislation,analyzes defects and weaknesses on legal system of contractual operation right ofrural land based on the summary of development tendency in legislation in order toput forward development direction of legislation and proposals for perfecting relevantlegal systems and justice mechanisms.