Study On The Settlement Mechanismof Rural Land Circulation Disputes Of The Right

Since the reform and opening up, along with the advancement of industrialization, urbanization and agricultural modernization, the construction of towns needs a lot of rural land as the land for construction and industrial land.. At the same time, with the continuous improvement of the level of rural labor transfer and agricultural technology and equipment, agricultural production needs large-scale operation. Under the dual impact of both, the speed of rural land transfer is significantly accelerated, the scale of land transfer is also increasing. Coupled with the subsidies to agriculture increase, and further enhance the enthusiasm of peasant farming and the land right consciousness, the attitude of farmers on the land also from land abandoned the original, tired to change to, to fight, especially in urban and rural combination and pollution caused by the huge economic interests and benefits, making this kind of phenomenon is common. But in practice, because of the reason of the right to the contracted management of rural land circulation is not standardized, weak legal awareness of farmers, laws, regulations and judicial interpretation of the provisions is not clear etc., because of land circulation caused by conflicts and disputes abound, and some even fight brawl criminal cases, severely affecting rang neighborhood relations and social harmony and stability, which must be paid more attention to by the Party committee and government, legislature and judicial organs. The author from the land contracting right of management circulation disputes of actual case of key and difficult problems of in-depth analysis, the causes and harm of tracing back the of land contract dispute, and on this basis, put forward to solve the right to the contracted management of rural land circulation of specific countermeasures and suggestions, in order to provide a reference to solve the good circulation of rural land disputes and continuously push forward the urbanization in our country overall healthy and orderly development, for the realization of the 18 proposed to ensure that by 2020, realize the comprehensive construction of the magnificent goal of a well-off society to lay a solid foundation.The full text is divided into five parts:the first part is the introduction, to clarify the research background, the theoretical foundation, the mentality, the method and the basic viewpoint of this paper. The second part is the main basis for the settlement of the disputes of land contractual management right.. From a typical case of the relevant provisions of the laws and regulations, from the circulation of the right to the contracted management of land should follow the principles, procedures, the burden of proof of the commitment, land requisition compensation fee collection and other aspects of in-depth analysis. The third part is the analysis of the causes of disputes arising from the circulation of land contractual management right.. Difficulties may be encountered mainly from to enhance the value of the land, the farmers’ legal consciousness is weak, the land contract is not standardized, relevant policy adjustments, the laws and regulations is too principle and the trial court in the process of in-depth analysis. The fourth part is to explore the impact of the disputes arising from the circulation of land contractual management right.. Mainly from land disputes easily lead to other disputes, land disputes easily lead to grassroots corruption and land disputes prone to rural development and other aspects of in-depth analysis. The fifth part is to solve the disputes of land contractual management disputes countermeasures and suggestions. Mainly from the sound perfect laws and regulations guarantee mechanism, management of land circulation and service mechanism, land ownership dispute mediation mechanism, prevention and treatment mechanism of rural, rural social security mechanism, incentive mechanism and guarantee mechanism of publicity and seek countermeasures.