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The Right To The Contracted Management Of Rural Land Disputes In The Legal Problems

Posted on:2011-08-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y HeFull Text:PDF
GTID:2166330332973377Subject:Law
Abstract/Summary:PDF Full Text Request
China is a typical in agricultural country, "SAN nong" questions relates not only the vital interests of agriculture, and also on the overall situation of national development. Guanzhong said: the government and solve the problem of "agriculture, to some extent, is to solve the land problem. The right to the contracted management of rural land system is characteristic of land system, also accord with the actual situation in rural China, a system. In recent years, with the deepening of the reform of the rural economy, land is no longer just farmers "is the source of food," the farmer economic development on resources, is rich. Although these years, we constantly promote and perfect the relevant land system, but speaking objectively, the right to the contracted management of rural land system in legislation, specific standard operation, or in the disputes on the solution, a loophole, these factors related to the judicial practice, the dilemma. Based on the analysis of the existing institutional defects, on the basis of specific judicial practice, to solve the contracted land disputes mechanism and put forward the thought with practicality and operationality Suggestions and opinions. In the full introduction and epilogue, is divided into four parts:The first chapter Outlines for the contracted land, and introduces the basic concept of the right to the contracted management of land and the legal nature and legislation, legal origin. The first chapter the contracted land disputes in the current characteristics of the contracted land disputes, forms and types. Also analyzed the causes of the contracted land disputes. The third chapter analyses the existing rural contracted land disputes settlement mechanism of institutional defects and deficiencies. To solve the contracted land disputes have negotiation, though CunZu mediation, arbitration, mediation of land and the court action on relief way, but in fact, because the unsound mediation organization, the arbitration system does not really pushing, dispute settlement mechanism imperfect, channels, the treatment effect is not smooth, resulting in large influx of land rights disputes, the people's court, but the court with this kind of dispute also accepts the scope is limited, litigation subject is difficult to determine, and because of land management authority records, serious influence entity processing and execution. The fourth chapter basically from the Angle of legislation and the system construction, this paper discusses the land management to solve the disputes should be solved several important topic. One is the standard of land expropriation, come on stage "law of land expropriation and requisition for containment at intent on the demolition of tragedy, promote legalization of land expropriation in orbit. Two is to perfect the collective economic organizations, members of the rights to protect the legitimate rights and interests of all members of the land, solve the virgin female, some local deprived students and working personnel qualification of the contracted land disputes. Three is to explore the establishment registration system of rural land property rights, the necessity and feasibility of rural land circulation, give full play to the economic value of land resources. Four is discussed from the perfect city planning, the household registration system reform of town, solve the existing in housing, medical treatment, the farmer education aspects of worries, actively promote the integration of urban and rural areas, promote the construction of rural land intensive management and scale operation. Finally, the article points out that we should strengthen the administrative supervision mechanism, play the functions of government, and to improve the government supervision, control government abuses, establish a diversified through the land, and strive to resolve dispute resolution mechanism of present the contracted land disputes, promote social harmony and sustainable economic and social development.
Keywords/Search Tags:collective land, Ownership, Contracted, Solving mechanism
PDF Full Text Request
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