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The Dilemma Of Rural Land Management Right Transfer And Its Judicial Relief

Posted on:2019-02-04Degree:MasterType:Thesis
Country:ChinaCandidate:P GaoFull Text:PDF
GTID:2416330572958337Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
The dispute over the transfer of rural land management rights has its complicated causes.Judicial relief is the main way to deal with such disputes,but the judiciary has more power in the judgment of relevant cases.Judicial remedies are in trouble,and their types are diverse.There are many reasons.In addition,the current reform of the three-power split is in the ascendant.This is an opportunity to supplement the legislative,administrative,and market-adjusting measures.It is expected to resolve the predicament and promote agricultural development.In addition to the introduction,the body consists of five parts:The first part,the question is raised.In the first case,under the current situation of rural collective ownership of rural land and the division of management rights of farmers,the legal status of land management rights is relatively embarrassing,which in turn leads to the effective protection of the interests of land management owners.In the second case,the rural land cannot be identified in the process of circulation.Based on this,members of the relevant rural collective economic organizations will have disputes for the benefit of land transfer.In the third case,although the act of fulfilling the zombie contract did not violate the relevant laws and regulations,it was in fact a great waste of judicial resources.The two also used the actual action to idle and ruin the land resources.The second part analyzes the causes of the judicial relief dilemma of rural land transfer disputes.The unfixedness of the members of the collective collective economic organization in the rural areas(wedding,funeral,new population,etc.)will continue to form internal pressure on the contracted land.From the perspective of macroscopic analysis of the entire legal norms regulating the transfer of land contractual management rights,there are contradictions and conflicts between these laws and regulations due to different legislative spirits and guiding ideologies.Any misconduct by grassroots governments in land transfer activities will affect the orderly circulation process.At present,China lacks relatively scientific standards and institutional design for the evaluation of land prices.In this context,the policy reform of dividing collective ownership,farmer contracting rights,and land management rights into a deepening direction of rural reform.The third part is the impact of the reform of the three powers on resolving the dilemma of the transfer of management rights.We can define the content of the separation of powers from the policy level: implement collective ownership,stabilize the contractual rights of farmers,and release the right to land management.In fact,the function of collective ownership in the context of the separation of powers has been reduced in terms of concept and entity content,and the content of contracting rights will also change.Under the legal framework of separation of powers,collective land ownership and land contractual management rights The connotation and nature of the law have corresponding legal provisions to outline its definition,and the land management rights are not directly stipulated in the current law,so it needs to be analyzed in depth.After the reform of the three powers,the object of circulation is only the management right and not the contractual management right in the past.The fourth part is the solution to the problem.Only by granting the independent legal status of the land management right,the reform of the three powers can take root,and the relevant departments can handle the disputes over the transfer of rural land management rights.The orderly transfer of rural land management rights is inseparable from the strict supervision of the government on the legality of procedures,the completeness of procedures,and the standardization of contracts.Guide the formulation of comprehensive and complete trading rules,improve the pre-emptive,inprocess supervision,and post-controllable trading systems,such as the margin system;form a long-term mechanism for resolving localization,accuracy,and standardization of disputes.The fifth part,the conclusion.In the face of disputes over the transfer of rural land management rights,in addition to the facts and the law,the judicial judges must further study the current national land reform policies,the actual rural land transfer,and the application of the legislative level.Make a judgment that is convincing to the public in a scientific and reasonable manner.
Keywords/Search Tags:management rights, transfer dilemma, separation of powers, judicial relief
PDF Full Text Request
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