Right To The Contracted Of Land In The Market Circulation Of Dispute Resolution Mechanism Research

Right the management to of land contracted as enshrined in the property law of real right in our country, but its still has the other properties, that is a special kind of means of production. Right to contracted of land is the foundation management of the farmers live, also the relying on farmers finally. With this logic as the starting point, the right to the contracted management of land is strictly limited,circulation especially in the present background of market economy, market circulation is a trend, but more restrictions on such flow conditions. Is plural and the rural economy development, in addition to the land, the development of township enterprises rapidly, farmers no longer entirely dependent on agriculture income to maintain life, agricultural land is no longer the only rely on farmers. In 2008 the central emphasis to promote of a unified to the circulation management land circulation market, circulation expected to promote diversification. This suggests that the country contracted supports to the management land market circulation of, and on the policy easing. In order to to circulate the land marketization theory into practice, national city to set up the experimental area, the department such as chongqing, chengdu and right other places. The marketization of pilot cities for the to the contracted of land of theory management and practice circulation research provides a template. Under this background, the industrialization of agriculture gradually incline to scale and size, but there is a huge hidden trouble, or practice too flexible, and the law has limitations and lag, the contradiction between them. This situation is easy to lead to market circulation dispute, and no good to the settlement of the dispute. These problems should be taken circulation seriously, contracted and actively explore market-based circulation dispute resolution mechanism, in order right to establish a perfect to the management land market, and promote rural of economic development.This paper is divided into four most:The first part is problem is put forward. In view of the to the of land market circulation right background and management reasons contracted, and the types, causes concerning a market-based the circulation research. Paper is analyzed from the Angle of the theory of right to contracted of circulation and management the difference between land market circulation and the time background of market circulation, and through the case analysis the types and the causes of dispute of marketization right of to the management of land, laid the foundation for contracted the further study for the following dispute resolution mechanism circulation.The second part is the management right contracted to of land market the circulation comb dispute resolution mechanism. From the current our country law of the four types of conciliation, mediation, arbitration and litigation dispute resolution mechanism, the analysis of these four mechanisms in solving the disputes in the marketization of the contracted management of land status quo and the specific characteristics.The third part is the right the management to of land market contracted circulation dispute settlement mechanism of the reflection. This part of the contracted management of land in China, the insufficiency of dispute settlement mechanism are summarized, such as mediation mechanism, too much administrative intervention program, arbitration mechanism with administrative too thick, the disadvantages of the burden of proof division is not scientific, whereas litigation had a disadvantage of low cost is too high, people’s trust.The fourth part is the marketization of right the contracted of land circulation perfect dispute resolution management to mechanism. The Suggestions are put forward according to the third part points out that the problems:the mediation process standardization, go to the town; Arbitration start more respect dispute intention of the parties; To save costs and eliminate judicial environment.