Study On Right To Contracted Management Of Rural Land

The theoretical research related to the contracted management of rural land in our country is immature, the laws and regulations, there are many not harmonious between policy, habits, history and reality of discord. These reasons will often appear in judicial practice applicable law phenomenon such as confusion, case processing result is not unified. Based on the above reasons, the author chose the study of right to the contracted management of rural land legal issues.About thirty thousand words in this paper, based on the right to the contracted management of rural land in China’s existing laws and regulations, the combination of theory and legal theory, systematically exploring the legal issues related to the contracted management of rural land. Full text besides preface and epilogue, is divided into nine parts. Main points are as follows: on the analysis of the existing legal norms related to the contracted management of land disputes, on the basis of found related issues, and comparative analysis, thought on the relationship between the land use right and the right to the contracted management of land, the government issued land contract operation card behavior the understanding of the nature is the main cause of restricting the cases accepted by chaos, and puts forward related Suggestions; The right subject of right to the contracted management of rural land is the foundation of litigation subject, the collective organization member qualification is the source of the right to contracted management of rural land, argues that exist in reality the villagers groups, all the members of the family can be a right to the contracted management of rural land dispute lawsuit main body; Based on the contracted management of land acquisition way, can be divided into family right to the contracted management of land and other land contract and management rights. Right to the contracted management of land in certain family can’t inherit tong said, on the basis of bearing social security function of family to the contracted management of land can be inherited; In property management contract for land and "people don’t toughening and reduced people not cut", on the basis of the meaning of that right to the contracted management of rural land can be divided; Must reclaim abandoned land rights of the party has its positive significance; Think of the application of the customs and habits, can obtain good social effect; Think to the contracted management of rural land contract effectiveness review, mainly from the contract subject qualification, content, intention, to enter into a program, etc. Over whether legal norms is mandatory clause make reasonable recognition, respect the reality of rural land contracting is the key to deal with this case; Through to the right to the contracted management of land disputes can analyze different aspects of the applicable statute of limitations, that whether the applicable statute of limitations, cannot treat as the same should be treated differently; In view of the facts in reality are difficult to be determined, the problem such as difficulty of distribution of evidential burden, the author put forward alone should be aimed at the problems related to the judicial explanation in order to make clear the evidence of right to the contracted management of land disputes.Of course, because of the complexity of the cases to the contracted management of rural land, practice and more than these problems mentioned in this paper, some of these problems is the age-old question, but the author put forward the original opinion, and his own working experience. This paper is intended to through difficult problem related to the contracted management of rural land disputes of legal research, systematically the comprehensive interpretation on the related policy, law, on the basis of the theory of existing academic research achievements, to appear in judicial practice difficult problem such as right to the contracted management of land division, inheritance, emphatically carries on the discussion, and puts forward realistic point of view, and for the second round in order to achieve properly handle the rural land contract cases during the period of contracting service for the purpose of trial practice.