| In recent years, with the adjustment of domestic policy of benefaction to agriculture and pastoralism, the income based on land production of farmers improved gradually. However, it also initiates some new questions about the rural land contractual management right in our country. This paper has carried on discussion and research to the rural land contractual management right of our country through analyzing the distinction about the concept of subcontract, transference of rights of land and land renting based on cases as well as some personal opinions in order to provide reference to similar scientific decision-making in judicial proceedings. In addition, the paper also discusses several typical disputes of subcontract. The first kind of disputes is the processing rules of ambiguous qualitative cases of subcontract, transference of rights of land and land renting. Giving cannot identified the qualitatively of the contract firmly, subcontract and land renting can be unified into a general land renting combined with the comprehensive judgment of the contract for convenience of common people and relief of judicial burden. The second type of dispute is the processing rules of ambiguous qualitative cases of subcontract and term. An incomplete contract form shall not necessarily lead to invalidity; ambiguous deadline can be regarded as original contract deadline. The third type of contract land disputes is the processing rules of the client contracts farm land additionally and of the contractor terminates a contract without consultation. If the client contracts farm land to other people additionally, legal land contractor can sue the client and the illegal contractor for the confirmation of the contract signed with the other farmers is invalid. The fourth type is the disputes of compensation of subcontract land after land expropriation. The farmers of land contracting expropriation, should get the majority of the land compensation, compensation for ground attachments and green crops land should owned by the owner of ground attachments and green crops. |
