"Marry A Farmer" Law-related Dispute Resolution Mechanism Research

The law-related disputes about marrying a farmer are social issues that cover a wide range, involve a number of people, last a long period of time and have deep contradictions.In judicial practice, the different court has the different understanding of the problem and handling of the problem.As a line of the judge handling the case, at the grass-roots level in zhejiang province court trial practice as sample, in a large number of court cases, on the basis of the analysis and comparison, I analyzed the problem in practice of different forms and different court processing results, analyzed specific causes of dispute caused farmers to marry woman visits summarizes the understanding of such disputes in judicial practice and the problems in management.Finally, from the system construction and technical operation level for solving "farming" marry, this article put forward a better reality of the path to law-related dispute.This paper will be divided into four parts:The first part, "farming" marry a law-related dispute status quo. This is the starting point of this study. First of all, through the dispute, the concept of "farming" marry visits, main types and basic characteristics of cases, this paper Outlines the connotation of the dispute.Second, through to the grass-roots court in zhejiang province distribution of contracted land collection compensation disputes related data analysis, the artice clear current "farming" marry law-related judicial disputes status quo:the areas of case distribution vary; Settlement ways are given priority to with decision; The plaintiff are mostly women; The defendant have deprived the plaintiff villagers treatment for various reasons; The defendants to appear in court are for litigation, the proof is not positive, the rate of losing lawsuits is very high; The case demonstration effect is obvious.The second part, the existing problems about the current trial "farming" marry law-related disputes. Court first analysis the nature of the dispute "farming" marry visits in cognitive process, this process has the repeatability. Secondly, through the analysis of a large number of cases and contrast to find the grass-roots court in zhejiang province existing problems in the distribution of contracted land collection compensation disputes: whether to accept the case, there are around the court; Collective economic organizations membership confirmation procedures and standards,different local courts have different views; Responsibility, responsibility of the subject of litigation form, across different court practice; This type of dispute enters the judicial relief way clear enough; Land requisition compensation distribution amount it is difficult to determine; Articles of association of the villager autonomy, village regulations and villagers assembly or villagers’ representatives meeting decision, its effect is hard to identify; The adjudication of the types of disputes, it is difficult to obtain the legal effect and social effect unifies.The third part, analysis the reason of "marry a farmer" law-related dispute. (a) the fuzziness of rural collective land ownership subject is the root cause of the "farming" marry disputes; (2) law of rural collective economic organizations membership standards, procedures, no clear rules, is an important reason for the law-related "farming" marry disputes; (3) economic factors can’t be ignored in the "farming" marry related disputes; (4) "folk law" and "national law", the conflicts of disputes are the intrinsic reasons; (5) administrative remedy ways are not smooth, adding "marry a farmer" law-related disputes’ happening; (6) of different district court on the details of members of rural economic collective, different courts have the different qualification standards, also some media report "marry a farmer" law-related disputes settlement one-sided,all these further cause "farming" marry a law-related cases.The fourth part, perfect our country law-related "farming" marry dispute settlement mechanism of exploration. (a) further clarify, refine, members of collective land ownership rights, safe implementation of the rural collective property rights system reform; (2) standardize the government behavior. the government do not argue with farmers, collective land shall be in full compensation of the central policy in place; (3) promote the reform of household registration system, improve the farmers’ housing, health care, pension and other rural social security mechanism, to ensure that farmers on the ground after the survival of the basic guarantee; (4) provincial high court should reinforce the investigation of "farming" marry and introduce relevant guidance; (5) open supervision and relief system, strengthen the supervision and guidance of villagers’ autonomy, limit the expansion of the villagers’ autonomy and alienation; (6) establish a society of multiple dispute resolution mechanism, in order to effectively solve the "farming" marry dispute.