| This article mainly discusses three types of the landlord and tenant peasant disputes, which caused by land tenancy, land sales, land inheritance of three types of disputes, analyze the judicial organs in handling these cases follow the principle of and the difficulties faced by.The author through to western Zhejiang region tenancy system and social customs, customary land transactions and legal provisions are combed, It is found that there are some differences between the law and social convention, but not only the opposition.For the surface field right sub-tenancy, namely folk say a permanent tenancy rights, in western Zhejiang has the surface field right place is allowed, it is also a farmer in the case of lack of labor in the home is a way to survive.Even for ordinary land sub-tenancy, this situation is also a common phenomenon in western zhejiang area. But the Republic of China is prohibited the behavior by the laws.This to a certain extent, increased the difficulty of the judicial organs to handle this kind of case. The judicial organs in the actual operation, is not what we think is in accordance with the law to administer justice, in different stages, the judge according to the actual need to adjust their own resolution.The judiciary in dealing with the case of sub-tenancy, In the face of the social conventions and the legal provisions of the departure. Of course is based on the law, but the judge will do their utmost to make the landlord and tenant peasant both stop at the final judgment, expect the landlord and tenant peasant end the parties may in mediation, settlement stage, because in these two stages, the judge can put the law aside, as far as possible to satisfy both sides.But once in the last case trial procedure, the judge must be strictly abide by the laws of the literal meaning, although there are different levels of the judiciary has deviation to the understanding of the law, but it is undeniable that the law is the only basis for trial. |
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