Legal Analysis Of Wang’s Land Lease Contract Dispute Case

The problem of rural land is the basic issue concerning agriculture, rural economic development and stability. In recent years, the civil dispute cases arising from land development, demolition and other multiplied, dispute lawsuit caused by the land property rights and interests increasingly frequent. Such cases accounted for a large proportion in civil disputes, the need for careful analysis and research, legal, and fair solution to the dispute.In this paper, Wang Mou of land lease contract dispute case as the main line, through in-depth analysis of the basic legal relationships involved in the case that the rural land contracting law, land leasing and sublease contract relationship, the sale contract, real property acquired in good faith, the law of inheritance relationship between land and housing, inheritance, the right to land contractual management confusion of immovable property. The author thinks that there are two methods to solve this case, property interests dispute:one for the dispute to the common; the real property right confusion, eventually because of real right pooling effect, that the real essence normalization of all people, in order to solve the problems of rights and interests. In view of this case, property interests between family two brothers, and his mother also disputed land and housing to enjoy certain rights, so it could be considered to be shared property rights of way to solve. The focus of this paper is the right to the contracted management of land property and inheritance, leasehold interest and immovable property pooling problem. The author thinks that:land and other matters, shall be included in the object of our inheritance, legitimate and effective solution to disputes over land rights and interests, reduce the social contradiction. In this case, can not be simply divided the land contracting right of management or ownership housing, is not simply to to go with the housing or housing spitting out principles to deal with the case, but to the comprehensive consideration of all cases, not only to protect the legitimate rights and interests of women, the elderly and the legitimate rights and interests, but also from the most conducive to fair, the principles of justice, the law and properly handle disputes is the fundamental rights. In this paper, through the analysis of relevant legal relations involved in the case, it is not difficult to find there are still many contradictions in the current judicial practice and legislation in our country, and then tries to put forward suggestions and Countermeasures to perfect the legislation, it is necessary to establish the land inheritance system, system of the right on the ground, motionless pooling system products and the procuratorial organ at the same level to implement the right to protest and once again appeal mechanism of civil, administrative case, in order to benefit the judicial practice, the accumulation of experience in handling such cases and provide a useful reference.