Study On The Inheritance Disputes Of Rural Land Contracting And Management Rights

In terms of farmland and grassland contracted by household contract,China's current laws and regulations only stipulate that "the contract income can be inherited",avoiding the question of whether the contracted management right of rural land itself can be inherited.Because of the issues concerning agriculture,country development and rural residents which are fundamental problems in the national economy and people's livelihood cannot be resolved in the short term.In addition,rural land contracting and management right as usufructuary right includes other rights attribute besides property.Owing to the legislative branch to balance interests,legislation system deliberately blur in order to leave space for later law revision and interpretation.However,this has caused the long-time dispute of academic and the practical circles and the insignificant increase of the lawsuit and the dispute in judicial practice because of the inheritance question.Taking the amendment to the Contracting of Rural Land of 2018 as the starting point,this paper finds out that the focus of the inheritance of rural land contracting right lies in the uncertainty of the subject and whether the right can become the object of inheritance through the analysis of two judicial cases with different results.By using the method of case study and article study,it is analyzed that the subject of rural land contracting and management right is not affected by the inheritance of rights,either by individuals or by the rural residents.Among the three rights included in rural land contracting and management rights,identity is only a prerequisite for the acquisition of land contracting and management rights in the initial distribution,while social security has nothing to do with inheritance.At the same time,the amendment to the Contracting of Rural Land of 2018 further highlights the core role of property.Under the dual system structure of land management right not transferred,it is completely feasible to inherit land contract management right in theory.After the separation of the three rights,the land contracting right can be inherited as a restricted land contracting right,and the land management right can be inheritedas a pure property right.At the same time,the rationality of inheritance is studied by comparing the "burden on property" in Germany and the "farming right" in Taiwan with the rural land contracting right in China.In addition,the application of law inherited from the principles and norms of the application of law in China under the current framework,and how to solve a series of problems caused by inheritance.