Research On The Compensation For Damages Of Contracted Land Utilization

In recent years, with the deepening of rural land reform, the state has issued a number of regulations and policies to promote the rural land contractual management, specially the farmland contract right and the right of management division puting ferward by Opinions on Guiding the Orderly Circulation of Rural Land Management Rights and Developing Appropriate Scale Management of Agriculture provide policy guidance and support to accelerate scale management and agricultural land circulation and utilization. Under this background, a lot of social capital also began to enter the contracted land utilization area, especially a large number of industrial and commercial capital started flowing into rural areas, mainly through the leasing of contracted land of farmers to enterprises the scale of operations.On the one hand it brings sufficient funds for agricultural development. Advanced technology and management philosophy, provides great impetus to agricultural modernization.On the other hand it also has a lot of shortcomings and problems, including mismanagement, breach of abandoned farming, unreasonable land use, soil damage, pollution of farmland, unauthorized transfer of land, damage to the interests of farmers,changing the type of land use, and by the non-agricultural land which has caused the damage of contracted land is very common. Therefore, Opinions also requires the contracted land circulation and utilization to follow "shall not violate contract farmers willingness, without prejudice to the rights and interests of farmers, are not allowed to change the land use, shall not damage the basic principles of the comprehensive production ability of agriculture and Agro ecological environment". Subsequently, the central agricultural office, Ministry of agriculture and other departments have jointly issued the Opinions on Strengthening the Supervision and Risk Prevention of Agricultural Land for Industrial and Commercial Capital of Business Capital leases and utilization of farmland of qualification, the barriers to entry, business scope, standard management, risk supervision and so on to make a comprehensive policy deployment.These normative documents enacted to strengthen the government for the contracted land use administrative control, is conducive to the land utilization and circulation standardization. However, in the land use, land use change, land destruction behavior, direct damage to the contracted land related rights of the legitimate rights and interests of various damage. However, for the varieties of damage behaviors producted in the use of the contracted land, Law of the People's Republic of China on the Contracting of Rural Land and Tort Law of the People's Republic of China have not made corresponding explicitly provisions,it is worth further studing whether the existing general provisions on damages can apply to the damage compensation disputes of the use of contracted land completely.Therefore, it is necessary to study thoroughly the the damage form and legal basis applicable dilemma of the use of the damage compensation laws, seeking the special application of damage compensation system in the field of contracted land use,so as to realize the damage compensation system of the use of contracted land is reasonable construction.Due to the dual attributes of the contracted land resources and assets, contracted by the damage can also damage of contracted land resource attribute and attribute of contracted land assets. It specificly including contracted land using the deterioration, use form change, area reduction, pollution, damage and loss, damage, and transfer income decrease, cost increase and circulation loss of chance, the interests of ownership damage in terms of damage.At present, principle of damage compensation in contracting the damage compensation disputes facing more applicable legal predicament, including contract subject status of grammaticalization, the compensation scope and standards lack pertinence and liability sharing rule difficult to apply and null and void the contract transfer process and judicial relief of burden of proof in sharing lack of reasonable standards.Therefore, we must focus from strengthening the contract the subject status of people, contract value of comprehensive measure, damages in the scope of the definition and the profit and loss balance rule restrictions apply, fair treatment of transfer contract is invalid, burden of proof of the rational allocation and make construction, in order to meet the practical needs of dispute resolution.