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Analysis On The Legal Problems Of Rural Land In China

Posted on:2013-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:W W YangFull Text:PDF
GTID:2296330395960407Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Looking at China’s rural land development course, found as a result of each stage of the economic system and the change of social environment, leading to the rural land in each stage has its unique value. However, due to system of socialist market economy is increasingly mature, China’s land management system perfect gradually, and the land itself has some limitations, caused various on plots of land disputes in rural life, the real problem before, but not to seek legal answer, even as the law courts unsystematic and shall not accept such cases. On the other hand, rural plots of theory research is extremely deficient. Relate to the plots of transfering disputes and other legal issues, and how the legal system to solve the plots of land disputes, including the law of our country in the rural land should be how to perfect a series of theories to be us to study. At present our country about rural collective land law are basically focused on the contracted management right of rural land, land use right, the easement or ownership of rural collective land to change wait for a respect, for rural land legal problems also few people to pay attention to. This article on China’s rural land produces the domestic background and international background is analyzed, at the same time, the Chinese and foreign different plots of land system contrast, proves our country plots of the legal attribute, then elaborated our country current rural land common legal dispute, and puts forward the solving mechanism. In the structure with five parts on the legal issues of private plots, the first part is a review of the production of private plots in the historical and political context, as well as plots of cropland in China at different stages of development, and through the Chinese and foreign different system contrast, to trigger the second part of the retained legal attribute analysis, in the third part is through the investigation and study of typical cases are cited, concluded and summed up the current rural life the common practice of land disputes, and analysis of its causes is land system also remain in the national policy, in law but the affirmation is not clearly defined, the lack of legislation, the plots of land disputes frequency is difficult to solve, the fourth part discusses in our current legal system and social reality condition, put on by legal problem solving mechanism:first, to establish a special on land circulation law, secondly in solving land to the plots of land use rights of the legitimate rights and interests to the greatest extent the protection, the author believes that it should be divided into two steps to do the prepositive procedure and resolve land replacement Payments problems. The fifth part analyses to establish rural land legal mechanism of.
Keywords/Search Tags:Rural land, Legal nature, Legal disputes, Settlement mechanism
PDF Full Text Request
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