An Empirical Study On The Protection Of The Rural Land Contract Management Right

China is a large agricultural country with a long history of land farming.In the long history of China,the construction and development of land policy have never stopped.The rural land contractual management right has become an important right for farmers to develop production and protect their livelihood in the past over 40 years of reform and development.From the perspective of the infringement of the rural land contract management right,this paper analyzes the protection of the rural land contract management right in Yunnan Province with an empirical study.This paper includes four parts:The first part is the outline of the rural land contract management right.On the one hand,by expounding the concept,the legal attribute and the legal relationship of rural land contract management right,this paper points out that rural land contract management right is usufructuary right and discusses the subject,object and content of the legal relationship of rural land contract management right.On the other hand,this part expounds the concept and connotation of tort,the constitutive requirements of tort,the characteristics of tort and the classification of tort.It also analyzes the composition of infringement of the rural land contract management right and divides the causes of tort into four categories: the employer's illegal recovery and illegal contract;illegal expropriation of land;infringements of the land contract management right of rural women;other violations.The second part is the investigation of infringement of the rural land contract management right in Yunnan Province.This part describes the basic situation of Yunnan Province and infringement cases in Yunnan Province from 2014 to 2016,then analyzes the implementation of the rural land contract management right related laws.It alslo analyzes the causes of the rural land contract management right and the necessity of protecting.Yunnan is a province with many large mountainous areas,small dam areas and numerous ethnic groups.The infringement of the rural land contract management right happens regularly in Yunnan Province and the reason and the performance of infringement case are representative for many ethnic minority areas.This paper makes an empirical study on the protection of the rural land contract management right in Yunnan Province,providing useful enlightenment and reference for other areas to protect the rural land contract management right.The third part is about the shortcomings of protecting rural land contract management right in Yunnan Province.By studying the infringement of rural land contract management right in Yunnan Province,and how to inspect the application results of laws which protecting the right of rural land contract management in actual practice,it can be shown that there are several deficiencies in protecting rural land contract management right: First,registration measures of the rural land contract management right is imperfect.Second,contract award about rural land contract management should be improved.Third,there are some problems in rural land contract management right transfer.Fourth,the lack of protection of the rural land contract management rights in the process of land acquisition.Fifth,the judicial protection of rural land contract management right is insufficient.The fourth part is the proposal to protect the right of rural land contract management.This paper puts forward some corresponding suggestions on how to protect the rural land contractual management right,for example,improving confirmation system,regulating the article of the contract,perfecting transference system,improving land requisition system and building efficient judicial relief measures and son on.In terms of rural land expropriation,it is proposed to amend and improve the "land management law","rural land contract law" and other relevant laws.In order to improving confirmation system,the registration measures should be taken and it is necessary to public property registration once the right of rural land contract management has changed.In terms of judicial relief measures,case-filing register system and quick judging procedure should be used to resolve infringement cases especially when cases happened in busy farming season.And the author believes that the environmental public interest litigation should be carried out on the rural land contract management right infringement cases caused by environmental pollution,criminal responsibility shall be investigated for illegal occupation of rural contracted land.In addition,we must prevent the abuse of the principle of public order and good morals.