Study On The Type Of Land Contractual Management Rights Dispute And Its Settlement Mechanism

The continuous increase of the land contract management right disputes is a problem that China has to face in the transition period. It is directly related to the vital interests of farmers and the healthy development of the society. The single way to resolve disputes has been unable to meet the needs of society, all kinds of effective convergence mechanism is the key to resolve the contracted land disputes.Based on the actual situation of L district in southern, depending on the different subjects of dispute, land contractual management rights disputes divided into four types: between the farmers, farmers and agricultural operators, farmers and village,farmers and the local goverment. At present, our country for these four kinds of land contract management rights dispute settlement mechanisms are: reconciliation,mediation, arbitration, administrative adjudication, litigation five ways. However,from the dispute resolution effect, there are some deficiencies in the five dispute resolution methods, embodied as: dispute mediation difficulties, a large share of mediation results can’t get effective execution even if the mediation is successful; the tendency of arbitration administration is the prominent problems in China, this led to those disputes can’t get a fair judgement; many dispute was refused by the court, so that those disputes can’t find the channel of complaint; besides, these types of settlement mechanism are separate and independent, they are less associated with one another, can’t form a joint force to resolve land conflicts for farmers.Based on the above problems, and combined with the current situation of rural areas in China, the following suggestions are raised in this paper: First, establishing a correct concept of land rights. The right to contracted management of land is a legal right, Its production, circulation, eliminate all have a clear legal provisions, peasants should obey the law, to exercise their rights according to law, the parties should implement law to protect their legal rights and interests correctly. Second, actualize the lifelong responsibility system. During the exercise of the right to land contractual management rights, the government’s leadership and participation can not weaken the interests of farmers as the price, local governments can not exceed their authority and abuse of power during land administration. To protect the legal rights and interests of peasants’ land, land disputes to eliminate hidden dangers fundamentally. Third,improve the dispute settlement mechanism of rural land contract management rights disputes, especially perfect mediation, arbitration and litigation three major mechanisms to establish the effective convergence between different mechanisms.Fourth, strengthen the effective connection between the dispute settlement mechanism,integrate the advantages of resources, the people’s mediation, administrative mediation and judicial mediation as the axis, aim to stop the dispute,for the protection of litigation,to coordinate and complement with each other, in litigation and nonlitigation find most conducive to the parties to a dispute resolution.