The Analysis Of Contract Disputes In Mountain Forest That Wu Moubin And The Others Prosecut Wunitang Village Group And The Others

As the country and the people attach more importance to the development and utilization of rural land,the rural land contract disputes are increasing.The system of rural land and household contract responsibility is a unique way of rural land contract in China.How to correctly understand and apply the rural land contract law to solve the rural land disputes has become a difficult problem in the judicial practice,and appearing to common case of different judgments in judicial practice."The mountain forest contract dispute that Wu moubin and other two people prosecut Wunitang village group and Wu Mouji and the other people"(the main case,the following is referred to as the "Wu Moubin case")?"Wu Mounian and other seven people of forestry contract dispute case"(auxiliary case)and "Zhang mou suspected the contract invalid case"(auxiliary case).By comparing the three cases and the first and second instance decisions of Wu Moubin case,we know that there are four controversies in"Wu Moubin case",including whether the plaintiff has the right to claim that the forestry contract is invalid?whether the forestry contract is valid for all the villagers?whether the plaintiff have the right to claim the right of the defendant to return the contract right to the mountain forest and whether the defendant should compensate for the economic loss of the plaintiff.Firstly,the legitimate rights and interests of the plaintiff were violated when the contract of the mountain forest was signed,the plaintiff has the right to claim the validity of the mountain forest contract.Secondly,because the plaintiff did not agree to that their own contract right of the mountain forest were managed unifiedly by the Wunitang village group,so Wunitang village group has no right to dispose of the plaintiffs right to contract the mountain forest.Thirdly,during the period of the lawsuit,the plaintiff's original acquisition of the mountain forest contract has expired,But in accordance with the policy of "large stability and small adjustment" of the existing rural land contract in China,In the case of the contracting party without the legal procedure to recover the land contract right of the villagers,the land contract right of the villagers is of course extended.Fourthly,the Plaintiff still has the right to contract the mountain forest,the defendant should return contracting right of mountain forest to the plaintiff.Lastly,because the economic loss advocated of the plaintiff is not the direct economic loss caused by the infringement of the right,the defendant does not have to compensate the plaintiffs economic loss,in order to better solve the rural land contract disputes in the trial practice,the rural land contract of China should be perfected from the following aspects that the main body of the contract right under the family contract system?inheritance of rural land contract management right?the influence of the division on the contractual management right of rural land?free disposal of land contract right by farmers and protecting the rights and interests of women's land contract,safeguarding the interests of the peasants and promot harmonious and stable development in the rural areas.