Analysis On Dispute Trial Practice Of Subcontracting Contract Of Land Contract Management Right In Hutubi County, Xinjiang

In recent years,land income has gradually increased with the country's adjustment of agricultural support policies.During this period,a lot of disputes over rural land contracted management rights appeared,the most common one is subcontracting disputes.This article analyzed 134 cases of disputes over subcontracted land management rights that have been settled in the Hutubi County People's Court,investigated the characteristics,the common problems in the trial of those disputes to improve judicial practice.In the first part,the reasons for the lawsuit and the request,the characteristics of the sample disputes,the closing methods and the results of the trial were investigated.The statistical analysis was conducted on the basic situation of disputes over the land contractual management rights in Hutubi County.In the second part,the common problems in the trial practice of disputes over land contracted management rights were being focused,which are the subcontracting,transferring,unclear rental,unclear contract form and deadline,and the contractor's unauthorized recovery and unauthorized subcontracting to others,increased subcontracting fees and distribution disputes.The court's solution to the above problems are being analyzed in our study.In the last part,we summarized the difficulties in the trial,that is,how the court balances the interests between the plaintiff and the defendant,and how to identify the scope of the situation change;Also provided some suggestion on how to define the standards and basis for liability for breach of contract,loss compensation standards and basis.