Research On The Dispute Of The Confirmation Of Land Contract And Management Right

The confirmation dispute of land contract management right is a special kind of land contract management dispute.Because the handling of other types of rural land contract management disputes is generally based on the ownership of the contracted management right,it is crucial to successfully resolve the dispute of the rural land contract management right.The confirmation dispute of land contract and management rights is clearly stipulated in the Rural Land Mediation and Arbitration Law,but it is not found in the Supreme Court’s judicial interpretation on the trial of rural land contract cases.According to the relevant laws and the relationship between land contract arbitration and litigation,confirm disputes should also belong to the jurisdiction of civil litigation,but in practice,the land contract management rights disputes and land use right ownership,not actually distinguish the confusion,these disputes do not belong to the scope of civil litigation,but should be handled by the government,leading to some disputes after land contract arbitration "push" government departments,the government departments think that should be heard by the court.Due to unclear legal provisions,difficulty in fact determination and other reasons,the disputes between the parties cannot be substantially resolved,and the land contract arbitration does not play an actual role.Therefore,it is necessary to clarify the relationship between the confirmation of land contract management right and land use right dispute and land use right dispute and the failure of actual acquisition of land contract management right,and effectively play the role of non-litigation channels such as mediation and land contract management arbitration in case diversion and dispute resolution.The contracted management of land confirmation disputes and other land disputes,has its economic,historical and legal root,and show the characteristics of basic and complexity,in addition,the right of contracted management of land confirmation disputes in practice also some common types,such as the contract caused by the boundary issues,the contracted land,etc.Land contract right to confirm disputes and land use right dispute is according to the different nature of the legal relationship,the applicable laws are different,treatment is different,no land contract dispute should not belong to the land use right dispute,no matter its properties,should be solved through the land contract arbitration.The situation of not actually obtaining the contracted land management right includes the membership of collective economic organizations and the second round of land contract,but not including the land contract is not signed at the time of contract.Current disputes with land contract management dispute laws including the rural land contract law "civil code" "land management law" and related judicial interpretation,but in dealing with land contract management disputes(including land contract management confirmation dispute)when there is legal internal conflict,not adapt to the actual situation,and fact difficulties and dispute resolution mechanism operation.so,We should start from improving the dispute resolution mechanism of resolving land disputes and the external mechanism to guarantee the effective resolution of disputes,Strengthen the procedure of administrative mediation and strengthen the role of the administrative mediation in confirming the dispute of land contract management right;To play the role of land contract arbitration by taking the land contract arbitration as the preprocedure of the land contract arbitration under the case of the land contract management right confirmation dispute and the arbitration agreement;By improving the land management methods and systems,improving the level of legal services at the grass-roots level,and strengthening the strength of talent training,Give full play to the role of mediation and land contract arbitration,Reduce the pressure of litigation,Making better use of the role of the last line of defense of the judicial approaches,We will resolve disputes over the confirmation of contracted land management rights fairly and substantially.