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Land disputes contracting right legal practice issues

Author: LiuJia
Tutor: ZuoYiMei
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Land contract and management rights Land contract management rights transfer Dispute Settlement Mechanism
CLC: D923.2;F301
Type: Master's thesis
Year: 2011
Downloads: 124
Quote: 3
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Abstract


Historically, China has thousands of years of traditional farming civilization , in modern times, China has more than 900 million farmers, is still a typical predominantly agricultural country, land management , land tenure and land tenure relations not only for the stability of household production and life of farmers has a very important significance, but also a matter of national plans to build a socialist harmonious society. Since rural reform policy has always been to protect the interests of farmers' land , land management to maintain stability and resolve land conflicts unfold adjustment of rural land contract and management rights system as our unique land system , enabling farmers to obtain long-term stable and legal protection land use rights, safeguard the legitimate rights and interests helpful for rural land contracting parties, for the promotion of agriculture, rural economic development and social stability in rural reactive hell . Since China adopted the household contract responsibility system in rural land since the intensification of agriculture, the growing scale of operations to improve and mature, but because of contracting farmers with complex needs, which will inevitably lead to the land transfer, but also inevitably lead to land contracting right disputes , the paper mainly studies the household contract concession contract gained circulation problems , aims to explore and understand the laws applicable to the rural land contract management rights transfer disputes involving , on the establishment of a land contract management with Chinese characteristics right transfer market system , the judicial system of protection put forward ideas and proposals , both theoretical value , more practical significance. The paper is composed of three parts . The first part analyzes the basic system of rural land contract management rights transfer , the definition of the content and nature of the land contract and management rights ; explore the land contracting right meaning, legal characteristics ; theory and judicial practice, transfer of rural land contract and management rights for disputes pending common problem , namely the problem of land transfer contract validity contracting right disputes without filing , processing and transfer deadline disputes change of circumstances to understand and apply the principles in rural land contracting right of disputes , etc. Analysis carried out , from the need to hear and resolve the contradictions of the case to start , to clarify the author's point of view. The second part , analyzing the causes of land contracting right disputes , legal and non- legal reasons to reveal the reasons for its formation , the third part , for the problems in practice , made ​​to prevent and reduce land contract management rights transfer disputes countermeasures , namely to clarify the legal level of rural collective ownership system, improve the law on land contract and management rights transfer , the establishment of a wide range of dispute resolution mechanisms , litigation sound mechanism to resolve disputes on outside legal level, government agencies must be scientific orientation in the land contract management rights transfer status and responsibilities , improve the land contract and management rights transfer market system , improve China's social security system in rural areas .

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