Dispute Resolution Of Contractual Operation Right Of Rural Land

Contractual operation right of rural land is peculiar to our country law and is theproduct of China’s rural collective economy system reform. It refers to theagricultural production operator for the purpose of agricultural production having therights of possession, utilize and profit to use their contracted land collectively ownedby peasants and the state. The General Principles of the Civil Law of the People’sRepublic of China defines the legal concept of contractual operation right of ruralland for the first time, but does not relate to the specific content. In2002, theenactment of Law of Rural Land Contract brings a definite and specific regulation tothe legal relation content of land contract, to some extent it fills in the blank of landcontract institution in China. In2007, the enactment of the Real Right Lawestablished the property nature of the power of land management contract, regard thecontractual operation right of rural land as usufructuary right, and refine the problemsof its establishment, circulation, eliminate as further, the Property Law lays afoundation for a legalization and institutionalization management track of thecontractual operation right of rural land.With the continuous development of social economy, the quickening pace to thetransfer of management right of land contract, aggravated the conflicts in the ruralland circulation. Since2013, the original conflicts of the contractual operation right ofrural land have not been completely dissolved, at the same time, there have beensome new cases and problems to be solved. In this background, this article, taking thePeople’s Court of Fuyu in Jilin Province cases as the analysis object, contractualoperation right of rural land disputes litigation cases survey data as the main basis,starts from the status quo of rural land circulation conflict of law and finds rural landcirculation accounts for the proportion of the total cultivated land is on the rise andthe contractual operation right of total land dispute cases have been proliferatedthrough the survey, then it carefully combs the types and basis features of contractualoperation right of rural land dispute cases. Starting from the basis situation and mainproblems of the rural land circulation conflict of law, this article analyses the reason of the conflict is that the land circulation market is not sound enough, thestandardization needs to the strengthened, indistinct definition of rural land ownershipand use right, new mode of circulation lack of a definite legal protection and thecontrol effect of the village regulations and agreements is not definite to thecontractual operation right of rural land. And then this article finds the subject thatconfirmed the land circulation, improves the property right system, perfects the legalpolicy, standards land operation, defines the land property right and the legal validityof village regulations and agreements, etc., to seek the path of dissolving contractualoperation right of rural land disputes.