Empirical Research on the Disputes of the Contracted Management of Rural Land
|Keywords||Rural Land The right to land contractual management Dispute Settlement mechanism Countermeasure|
China has 900 million farmers, rural issues related to the social stability of China's reform and opening up, and social development of the premise and foundation. Law to protect farmers' land contract and management rights, promoting rural economic development and maintaining social stability in rural areas, and building a socialist harmonious society has a very important significance. In recent years, with the accelerated transformation of rural society, the national the three agricultural policy changes in depth, the rural land contract disputes triggered by land contract growing number, and a lot of focus to the People's Court, People's Court, especially in rural areas people's court to entertain a common multiple cases. How to correct, timely and properly handle such disputes, the difficulty and focus of the current at all levels, especially in rural areas of the People's Court of the People's Court. Explore the rural land contract disputes involving legal issues and improve the understanding and application of the dispute settlement mechanism, both the theoretical value of more practical significance. This article based on the trial of the case of rural land contract disputes, often encountered in the judicial practice, the disputed legal issues, from conducive to the trial of cases, contradictory solutions perspective, to clarify ideas and work practice, improve the rural land Contract Disputes Settlement Mechanism ideas and suggestions, and to the benefit of trial practice and work practices. The first part of this article, I work Chuanying, Tai Sui River Court, People's Court, filed in 2007-2010 concluded 141 rural land contractual management disputes for the survey, on the admissibility of the circumstances of the case, the types of cases, closed way for data analysis, type analysis was made from the five aspects of the subject of the dispute, causes, forms, content and solutions, and finally summarizes the direct cause of the five kinds of rural land contract disputes arise are: laws, regulations, and policy lag; lack of rural social security system; national the three rural policy change impact; town, village organizations absence management services; farmers enhancement of the legal awareness of the collective organization of leading cadres of the legal concept of relative backwardness. The second part, in close connection with the trial of the actual work in the rural land contracting and management malpractice cases four common household contract land the right to operate the main problem, the rural collective economic organizations of the problem of the definition of membership agreed principles, democracy and the principle of changed circumstances in the rural land contracting and management disputes in the interpretation and application problems, empirical studies of the relevant legal concepts and principles, the point of view of the dispute, the mainstream opinion Discrimination, and learn from successful practices across experience, angle from conducive to the settlement of the trial of the case and contradictions, clarify the author's point of view. Third part, starting with the lack of analysis of the current rural land contract disputes settlement mechanism, combined with the author diversified to solve practical exploration of the way of the rural land contract disputes, resolve disputes mechanism of five countermeasures proposed to improve the rural land contracting and management: First, to strengthen the functions of government agencies, broaden the channels of farmers' demands, to build more than one mediation work system; second is to establish sound land transfer the day-to-day management of institutions, the source prevention and reducing disputes occur; Third, establish and improve the rural land contract arbitration institutions effectively play the role of arbitration mechanism; Fourth, strengthen the building of grassroots mediation organizations strive to resolve the dispute in the early or bud; five People's Court based on a fair hearing, to achieve reasonable convergence of the litigation mediation and non-litigation mediation. To build subjects of land disputes based on the rule of law, able to meet the multi-faceted, multi-level, multi-demand contradictions and disputes settlement mechanism, more timely and more comprehensive to protect farmers' interests in land.