| The acquisition of grassland contract management rights includes the acquisition on establishment and derivative acquisition,this article mainly discusses the acquisition on establishment due to the right dispute.The dispute is divided into units,between units and individuals,between individuals and other three types of disputes based on the main subjects of it,and divided into contract,contract warrants and the actual effect of the conflict between the resulting dispute according to the right registration.Grassland contracting right has the characteristic of sensitive than the national land property rights policy,the long time span,difficult to collect evidence,involving a wide range and combined both civil and administration.In judicial practice,the "double contract"due to the illegal adjustment of the contractor,recover the land and then give it to the third party,disputes arising from the determination of the membership of a particular group such as wedding maidens,son-in-law by adoption,external population,disputes arising from village committee members or individual village cadres hurt the interests of members through the villagers’ autonomy,civil and administrative cases result from the division of the administrative boundaries is not clear are common.It is suggested to improve the registration system of grassland contract management right and the dispute settlement mechanism of grassland contracting and contracting right.And delete grassland contract management right to confirm the administrative ruling pre-procedures,take the rationality of the contents of the resolution of the villagers’ committee into the scope of judicial review,then normalize the implementation of the right to operate grassland contract registration information disclosure system. |
