Research On Rural Land Contract Management Disputes And Countermeasures

In the whole national economic system,agriculture is the foundation,and land is the basis of agricultural development.Therefore,the solution of land problems and the improvement of land system are of vital significance to the development of agriculture,the stability of rural areas and the prosperity of farmers.In recent years,in the process of urbanization,the rural land disputes in China have increased a lot,which has caused a large number of social contradictions,and has brought negative impact for the harmonious and stable and healthy development of society.The 18 th National Congress of the Communist Party of China has put forward an important development strategy for the construction of a new type of urbanization,The 19 th National Congress of the Communist Party of China put more emphasis on the strategy of rejuvenating the villages and villages,and put forward the reform of the land system in the village on the basis of the original.Under such a background,how to effectively resolve disputes over rural land,including disputes in the process of contracted management,It is an important topic in front of theoretical researchers and practitioners.Therefore,the study of rural land contract management disputes and countermeasures has important theoretical and practical significance.This text faces the reality of the dispute of the rural land contract management of our country at present,mainly analyzed the type and reason of the dispute of the rural land contract management,pointed out the meaning and obstacle of solving the dispute of the rural land contract management.The countermeasures to solve the disputes of rural land contract management in China are put forward.The purpose of this study is to provide theoretical support and practical reference for the solution of the current rural land contract management disputes.The paper mainly includes five parts.In the introduction part,the background and significance of this paper are introduced,and the research status of land disputes at home and abroad is introduced.This paper expounds the research ideas and research methods and points out the key points,difficulties and innovations of this paper.The first part of the rural land contract management of the meaning of disputes,characteristics and types of theoretical explanation and examples,and then summed up and analyzed the causes of rural land contract management disputes.The acceleration of the urbanization process,the adjustment of national policies and the development of science and technology have made the interest relationship among various subjects more complicated.The so-called rural land contract management disputes refer to the various interest disputessurrounding the right to land contractual management in the process of rural land contracting and management.This paper summarizes seven types of disputes caused by unilateral termination of contract,disputes caused by unclear boundary of contracted land or forced cultivation of other people's contracted land,and disputes caused by contract farming.The second part,the article from the macro background,the system and the legal system and so on,has further analyzed the reason which the rural land contracts the management dispute to produce.In essence,rural land contract management disputes fundamentally or contracting and other parties in the economic interests of the differences and conflicts exist.From the system point of view,the alienation of the function of the township government itself,the relationship between the township government and the village committee,and the imperfect household registration system are the important reasons for the disputes arising from the contracted management of rural land.From the social point of view,the sense of organizational identity or group belonging formed by social individuals is gradually weakening,the social control power of grass-roots organizations is weakened,and the self-discipline of grass-roots organizations,including township governments and village committees,is not strong,and so on.It is the social reason of the disputes of rural land contract management.In the legislative aspect,the related legal norms are not perfect,the related laws and regulations exist defects,and the related personnel legal concept is weak and so on,which is the rule of law reason which the rural land contracts the management dispute to produce.The dispute settlement mechanism is not smooth is also an important reason for disputes arising from rural land contract management.Elaborated the rural land contract management dispute solution important significance,then has analyzed the mechanism barrier which solves the dispute as well as the related legal existence question.From the point of view of mechanism,there are obstacles in entering the litigation procedure,that is to say,the judicial settlement of disputes in rural land contracting and management disputes,and the mediation mechanism is not perfect.As far as the law is concerned,the relevant laws,such as the Law on Rural Land contract and the Law on Mediation and Arbitration of Rural Land contract and Management disputes,all have corresponding problems.The third part,in view of the above question and the mechanism barrier,the article separately from the dispute settlement mechanism construction and the improvement,as well as the concrete policy and the legal countermeasure two stratification planes have carried on the elaboration,proposed the corresponding proposal.In the dispute settlement mechanism,it is proposed to improve the people's adjustment mechanism,make good use of administrative adjudication or reconsideration mechanism,improve arbitration and litigation mechanisms,and build a relatively complete comprehensive ADR dispute resolution model.In the concrete policy and the legal countermeasure aspect,proposed the standard countryside land contract related legal behavior,further standard land contract management right circulation,as well as consummates the countryside aspect and so on social life safeguard system countermeasure suggestion.