In The Implementation Of The Rural Collective Land Use Right Judicial Legal Difficulties And Countermeasures

The right to use collective land in rural areas is the main property of the person subject to enforcement.Whether the court can enforce it has been controversial.Due to reasons such as laws,regulations and national policies,the courts have different views on the feasibility of the enforcement of rural collective land use rights,resulting in different enforcement attitudes: passive enforcement,blind enforcement,and detention enforcement.This greatly damages the legitimate rights and interests of the parties and is also not conducive to the resolution of the problem of the difficulty in the judicial enforcement of rural collective land use rights.In practice,local courts have also been exploring and attempting the judicial enforcement of rural collective land use rights,such as by limiting the identity of bidders,transforming the nature of collective land,and adopting compulsory management methods,in order to seek effective solutions to rural collective land effective way to enforce the right of use.Judicial enforcement of rural collective land use rights is difficult.In addition to the restrictions on the transfer of rural collective land under the influence of the urban-rural dual structure of land ownership,the restriction of the identity of bidders,and the lack of registration of rural land ownership,it also includes incomplete laws and rural collective Land use right mortgage is restricted.In order to further solve the difficulty of judicial enforcement of rural collective land use rights,it is recommended to realize the rights and interests of the parties by improving relevant laws and regulations,constructing a farmland mortgage guarantee system,strengthening the linkage mechanism with state organs and other departments,and adopting flexible implementation methods.Maximize,promote the rational allocation of rural land resources,so as to resolve social contradictions.