Case Study Of Inheritance Of Contracted Management Of Land Contracted By Households

The land contractual management right system does not form a complete system in our country.It can be divided into household contracting and others.At present,there are more disputes over the inheritance of land contractual management rights under the family contracting system.China's law does not stipulate that inheritance can be the method of transfer of contracted management rights,which caused the legislation to be vague.In 2009,the Supreme People's Court had a typical case in the Supreme People's Court Bulletin concerning the trial of succession disputes over family land contractual management rights(Li Wei xiang sued Ge mei Land Rights Dispute Case).Since then,local courts at all levels have followed suit,but different refereeing results have still emerged.This has caused confusion in legislation and judicial practice.Based on the above issues,the author adopted a case study approach to this topic.Firstly,Explaining the system of inheritance of land contracted management rights without family contracting methods in Chinese legislation.Whether family land contractual management rights can be inherited in judicial practice has different viewpoints.In other words,the ambiguous legislation has caused judicial confusion.Therefore,it is necessary to study the succession of land contractual management rights for family contracting methods;Through the analysis of the data,this paper finds that in the cases of family contracted inheritance,the courts can inherit the management rights of the forest land supporting household contracting,but the management rights of cultivated land(including grassland)are generally rejected.Secondly,the question of the inheritance of land contractual management rights for family contracting methods was raised:I,judges have different understandings of the succession of household contracted forestland contracted management rights.?,judges generally do not support the inheritability of contracted management rights for household contracted arable land(including grassland).?,the question of the timing of the succession of land contractual management rights for household contracting.?,on the Identity of the Heirs of Family Land Contract Management Rights.V,questions about the relationship between "continuing contract" and "inheritance".Finally,it proposes the concept of establishing household contracting rights to inherit the right to land contractual management rights,and proposes that it is legally possible to inherit the contracted management rights of family contracted forest lands.The farmland contracted by households(including grassland)and the contracted management rights of forest lands can be inherited as inheritable.The legal provisions stipulate that the land contractual management rights inherited by the family can be inherited,as well as the identity of the main body of inheritance of the contracted management rights of family contracted land.