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The Contracted Land Disputes Report Solution Method

Posted on:2014-05-15Degree:MasterType:Thesis
Country:ChinaCandidate:Y H WangFull Text:PDF
GTID:2256330401486696Subject:Law
Abstract/Summary:PDF Full Text Request
Since the end of the1970s, China’s market of the management right of the contracted land has been started to the turning point of the "household-contract responsibility system reform." The issues of farmland, farmers and rural areas are always the most important work of the party and the state. In solving the "three agricultural problems", the reasonable and effective solution of the disputes over the management right of the contracted land has a direct relationship with the fundamental interests of the broad masses of peasants. Through consulting the domestic and foreign literature related to the solutions of the contracted management of land dispute, with the status quo of the land contract management dispute in Donggang City as the breakthrough point, this thesis has carried on the research and investigation.In the first chapter of the paper, I summarizes the research report. In the second chapter, the author through the investigation on the situation of Donggang City, the land contracting right of management circulation, establish the factual basis to solve for the contracted land disputes. Method to solve land disputes in Donggang city in the third chapter of research. In the first chapter of the paper summarizes the research report. In the second chapter, the author through the investigation on the situation of Donggang City, the land contracting right of management circulation, establish the factual basis to solve for the contracted land disputes. Method to solve land disputes in Donggang city in the third chapter of research.The fourth chapter combining theory with practice, find out the existing problems of the land contracting right of management to resolve disputes in practice:mediation system itself and the land contract system needs to improve, the lack of professional mediation, arbitration institution staff shortage, for complex cases not suitable for litigation to resolve land disputes have difficulty and execution. In the specific land dispute settlement process, for some special types of disputes, solution also has some disadvantages:grassroots cadre work, land contract policy needs to be improved, because the contract led to disputes still exist, women’s land rights have no relief, burial dispute to mediation.In the fifth chapter, through the research on the way to the United States as the representative of the foreign land disputes, combined with China’s specific national conditions, to solve the way of perfecting land disputes:the cultivation of professional mediation judges, to establish and perfect the land arbitration institution, methods to explore the efficient and harmonious execution of documents. According to the specific type of land disputes, it proposes the concrete solution:flexible to solve the burial of infringement, stressed that the government responsibilities, clear attribution of rights protection of marriage, women’s rights and interests, improve the protection consciousness of the farmers on their rights. Through this research, in order to make the right to the contracted management of land dispute resolution system and gradually improved and matured, and lay a solid foundation for the development path of "urban and rural integration".
Keywords/Search Tags:The contracted land disputes, Mediation, Arbitration, Solving mechanism
PDF Full Text Request
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