Causes And Solutions Of The Rural Land Contract Management Right Disputes

Agriculture is the foundation of the national economy; rural land is the basis ofagricultural production, land rights disputes in rural land is concerned about a stableand harmonious social life in rural areas. The rural land ownership disputes inpractice become more and complex, which gradually become the focus and difficultyof the legal disputes in rural areas. Rural land contract and management rightsdisputes are resolved in accordance with the law and the actual situation of the ruralsociety is an important issue raised by our judicial practice and legal research.Our current law on rural land contract and management rights expressly nature,for the protection of the right to resolve legal disputes has important basic role.However, due to the lack of systematic and refinement of the specific provisions,coupled with the impact of the traditional concept of land for the majority of farmers,and the settlement of related disputes become sensitive and complex issues in thejudicial practice. Rural land contract and management rights related legal disputes theimportance of practice and multiple legal theory for the study of this problem has notbeen stopped, and scholars from the point of view of property rights protection andexplore a variety of problem-solving path, these research has played an importantinspiration for the formation of this article. Rural land contract and managementrights related disputes related to grassroots courts to settle disputes a clear sign of theeffect is an important guarantee of the country urbanization, the transformation of thelives of farmers. Because such a universal and fundamental disputes, such disputesshould be combined with practical, in-depth social life in rural areas, so this articlethrough a combination of case studies and specific referee method to study defects inthe practical application of law and the plight of research policy adjustment for theapplication of the law and dispute resolution role, I hope to be able to make a usefulexploration of such disputes to resolve.Rural land contract and management rights the farmer’s survival of a right, thisright is attracted farmers concerned about their social security function. As a basicright to land tenure and other land rights case has some special properties. From these characteristics, the paper first start to explore the effect of these characteristics of theland contract and management rights disputes, then in accordance with the rightsfrom generation to explore the contradictions and disputes the causes, types andsolutions to the eradication of the logical order. Starting from the elements of the rightitself around the rural land contract and management rights related disputes arisingfrom the type of combination of the cases occurred in practice, the characteristics ofthe analysis of disputes and disputes the legal position of the main parties involved,the law demands. In this paper, the theory with the actual theory for the land contractand management rights related disputes should be typed standardized legal disputesactual social life, however, often various types of various causes intertwined topractice cases explore the generality of type theory, the purpose of the pursuit of thistype of comprehensive application of the theory to solve complex practical problems.I believe that because of the complexity of the disputes in the main and executivepowers of intervention, the key to solve the rural land contract and management rightsdisputes that the specification for the transfer process, restrictions on executivepowers in the study on the basis of the main contradictions involved in multi-andprotection of special subject. From a deeper level, changing the farmers traditionalconcept of land ownership, the rural land contract and management rights freed fromthe farmers the right to life imprisonment, is the fundamental way to resolve legaldisputes of rural land contract and management rights.Specifically, we must first change the farmer’s traditional concept of landownership. The land is essential for the farmers, but as the level of urbanizationgradually deepened, the way to survive in the farmers continue to broaden, landrevenue is not only the income of the farmers’ land farmers survive the inevitable linkin gradually changing. But the emphasis and expectations of the farmers for the landis still there is no significant change, leading farmers to be cautious about the transferof land contract and management rights transfer contract they entered into, that wereable to change and lift, this concept is not conducive to the intensification of ruralland business, more is not conducive to the law for the establishment of rural landcontract and management rights, circulation, as well as the elimination of regulation.Second is the specification for the system of rural land contract and management rights. Refine the law, systematic system of rights, a clear right to power andboundary legislative and theoretical research efforts should be made to. Especially inthe study of the specific characteristics of the rural land contract and managementrights profound understanding of the dispute causes, to resolve disputes hassignificance. The third is the reconstruction of rural land contract and managementrights related disputes settlement mechanism, innovate and explore and for thejudiciary to resolve such disputes. Such a dispute can not be taken evasive andrepressive attitude, more not stiff single contradiction to resort to the judiciary.Variety of referee mode, multi-effect processing mechanism is the key to resolvingconflicts, should strive to completely resolve disputes, to prevent the emergence ofsecondary disputes and other types of civil disputes.