The Peasant Household Internal Land Contracted Management Dispute And Solution To Study

Rural land in our country mainly rural collective economic organizations within the household contract management in the form of village collective economic organizations or villagers’committee of the party awarding the contract, the contractor is the collective economic organizations of farmers. Domestic and foreign academic circles study on land system in China, the domestic academic circles is put forward to perfect the contracted management of land dispute settlement mechanism, and puts forward the detailed legislative proposals, but for the process of farmers’ right to the contracted management of land disputes within specific cases, the lack of specific solutions by means of the existing legislation. This article want to study, is this the members of the collective economic organizations of farmers, to household contract way produced during the operation and management of rural land dispute, namely farmers internal to the contracted management of land disputes. In this paper, through the study of Chinese current legislation and academic views, in case, for example, enumerate typical manifestation of farmers’ right to the contracted management of land disputes within, analyze the cause of the dispute, the procedure and entity some policies to solve these disputes, and puts forward Suggestions for perfecting the internal system of right to the contracted management of land farmers.This article is divided into five parts.The first part is an introduction to the contracted management of land disputes within "farmers", this chapter put forward in this paper to solve the problem of farmers land contract operation of the dispute referred to in the concept of farmers, members of the legal status of farmers and their members and farmers are studied on the relationship between the right to the contracted management of land.The second part is "farmers right to the contracted management of land disputes within the typical form of expression", on their right to the contracted management of land disputes within this chapter summarized the three typical forms, and enumerated case explained respectively.The third part is the "internal to the contracted management of land disputes causes analysis of peasant household", this chapter is to farmers within the cause of the right to the contracted management of land disputes are analyzed, that is the main reason of the dispute over rural land registration system implementation does not reach the designated position of village and the contradiction with the rights and interests of peasant household members especially women.The fourth part is "to solve the problem of internal disputes over the contracted management of land farmers", this is the point and the foothold of this study, from the perspective of our existing legislation, this chapter put forward from the procedure and entity to solve the problem of farmers internal to the contracted management of land disputes. Through consultation mediation, arbitration, administrative litigation (including judicial confirmation, civil action) program, to deal with farmers internal to the contracted management of land disputes. At the same time to the peasant households of the three kinds of typical internal to the contracted management of land disputes, respectively in the four programs for physical treatment methods of research, and three cases of the second chapter enumerated entity treatment Suggestions are put forward. Farmers are emphatically analyzed internal whether the right to the contracted management of land disputes with civil lawsuit. The fifth part is "Suggestions of perfecting our country’s internal system of right to the contracted management of land farmers", in order to reduce and solve internal disputes over the contracted management of land, farmers to improve the system of internal to the contracted management of land farmers put forward four Suggestions.