Judicial Determination Of The Termination Of Rural Land Contract Management Contract

Due to the state’s introduction of a series of policies to benefit farmers and the people in the implementation of the rural revitalization strategy,the rural land income has increased significantly,awakening the renewed attention of farmers to the land contract management right.The subject of the right to land contract management should be the farmer as a whole.In rural social practice,some villagers’ committees have confused this main concept,resulting in the termination of the contract operation contract due to the transfer of some members’ household registration to non-agricultural household registration.It is necessary to combine relevant policies and legal norms to clarify the dominant position of farmers and guarantee the land contract management rights of farmers who settle in cities.The rural land contract is a civil contract.The contractor is a collective economic organization,a villagers’ committee or a villagers’ group that reflects the role of a collective economic organization,and the contractor is a member of a collective economic organization.They have an equal status in the conclusion and performance of the contract.The resolution of the villagers’ committee and the villagers’ meeting is a typical form of villagers’ autonomy,but the villagers’ committee is not the administrative organ of the contracted operation contract.It cannot terminate the contract ex officio,nor can it unilaterally terminate the contracted operation contract in the form of the resolution of the villagers’ meeting.Based on the basic guarantee role of the contracted management right on the livelihood of farmers,in addition to the statutory termination,the principle of equality of civil subjects shall be adhered to,and the parties shall reach an agreement on the termination of the contract,and the contractor expresses the intention to terminate the contract in writing before the termination.It is necessary to distinguish between commercial acts and civil acts.The termination of the contracted business contract is a civil act.The silence of the contractor at the villagers’ meeting that negotiates to terminate the contract cannot be regarded as a sign of consent or commitment.The members of the farmer who participate in the signing of the contract to settle in the city cannot be regarded as a legal dissolution,thus infring on the contracting rights of other members,nor can they terminate the settlement in the city but not enjoy The contracted business contract of the disabled farmers hinders the protection function of the land to the farmers.At present,there are still problems such as unclear concepts,vague procedures,and imperfect supporting coordination mechanisms for the termination of contracted business contracts.It is necessary to distinguish the concepts of farmers,farmers,and rural families.The contractor is a farmer rather than an individual farmer.The farmer is the collective of all family members,which is in the contracting economy.There are special economic organizations in the camp.Farmers who give up their right to contract management shall be in written form.It is necessary to standardize the cancellation decision procedure and establish a supporting coordination mechanism such as paid withdrawal of contract management rights,so that farmers’ lives can be basically guaranteed.