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Rural land contract disputes Case Analysis Report

Author: ZhangPengYu
Tutor: WuChunYan
School: Southwest University of Political Science
Course: Legal
Keywords: right to land contractual management right to transfer land contract and management right to hire subcontractors to land contractual management
CLC: D923.2;F301
Type: Master's thesis
Year: 2011
Downloads: 242
Quote: 0
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"Three rural" issue is China’s current economic development of the important issues of rural land issues is most important, caused widespread concern in the community. Rural land is not only the lives of farmers rely on, even the most basic life-support. In recent years, the rural land contract disputes frequently, leading to rural land contracting right of the poor, the production and living of the farmers had a significant impact, enough to arouse our attention.Judicial practice, some farmers transfer land contract and management rights of way is not clear, the process confusing, difficult to effectively protect the legitimate rights and interests. To this end, the author of the rural land contract dispute case analysis of rural land contracting and management transfer of the right to be a clear distinction between three main ways, hoping to work on practical help to avoid the judicial process too much controversy.In this paper, case study report in the form of start discussion, theory with practice by means of this case the material chosen to summarize and analyze the conclusion. Also from the legislative and judicial aspects of the two perfect transfer of the right to land contractual management recommendations.This common structure is as follows: First, a brief introduction describes the selected topics of theoretical and practical significance and purpose of the study and scope, and the current domestic situation of research on this issue; The first part, a clear case of this cause of action selected rural land contract disputes; the second part of the body, a simple description of the basic facts, setting out the party’s claim and the court has examined the contractual relationship between the parties;The third part of the body, through the merits of the case, the focus of the summarized the controversy, laying the foundation for the discussion below; body of the fourth part, the focus of controversy for three, will summarize the controversy and differences of opinion, and to clarify various points of view grounds;Body of the fifth part, the conclusions of this study is, to start the detailed discussion around the focus of controversy, namely the right of rural land contracting and management transfer, subcontract, lease the theory and practice of analysis, and the corresponding theoretical expansion. By clarifying the rights of rural land contracting and management transfer, subcontract, lease and legal features of the general theory, combined with the theory of the case for the validity of the contract were reviewed, one by one to determine the ultimate effectiveness of the contract, draw conclusions and make sound land contracting and management transfer of the right of the recommendations.Finally, a summary of the case is reviewed, the author proposes his own, hoping to solve such cases of practical help.

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CLC: > Economic > Agricultural economy > Agricultural economic theory > Land Economics
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