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The Protection and Research of the Right to Rural Land Contractual Management

Author: WangZheBo
Tutor: LiangYaRong
School: Hainan University
Course: Economic Law
Keywords: land contracting right of management right consciousness judicial relief land collection
CLC: D922.32
Type: Master's thesis
Year: 2011
Downloads: 122
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Abstract

The right to land contractual management in countryside is the most basic and important right for farmers. How to provide more emollient safeguard for this kind of new real right has significant research value with the right to land contractual management officially established as a stable usufruct. At present, although there are some relevant regulations to protect it, there are still many imperfections. Besides, after the actual survey of Hainan found that the land contractual management’s contract and registration, the judicial relief for land disputes, the protection of the right to land contractual management in land expropriation and so on, prevalently exist the phenomenon that land rights of farmers be violated. Therefore, we should perfect related protection system of land contractual management. This paper combine the fact of the right to land contractual management’s protection in Hainan Province, from the theoretical to the empirical study, from the right to land contractual management’s deficiencies system to the local lack of substantive provisions, the right to protection from the land contract and management in the to protect the contractual right to operate the local lack of substantive provisions to the program from the substantive regulations to the construction program, to discuss the importance and protection measures of the right of land contractual management in different aspects. Hoping that the land contracting right of management’s consummation of Hainan Province could give some advices to other places of China, to protect farmer’s land interest earnestly. The article divides into four parts, and the primary coverage is as follows:The first part mainly talks about the system and legal situation of the right to land contractual management’s protection. It illustrates its correlative theories, analyzes its legal situation, and carries some theoretic and legal evaluation on land contracting right of management. This article also mainly elaborates the stipulation which current law make it acquirement and exercising, and the stipulation of land circulation, disputation’s solution and land collection. What is more, it will discover some existing insufficiency, according to the related stipulation in present law.The second part mainly has carried on an investigation to the actual situation of the right to land contractual management’s protection of Hainan Province. This part selects five representative regions in Hainan to conduct a survey. It has carried an in-the-spot investigation on the land contracting right of management’s establishment, exercised the situation, farmer’s right consciousness to land, the utilization situation of protective measure, the approval degree, farmer’s willingness as well as the land contracting right of management protection in expropriation and so on. At the same time, it analyzes the reasons of the actual situation in the investigation, to find out the deep-rooted problems which exist in the right to land contractual management’s protection in Hainan.The third part makes an analysis in law perspective on the right to land contractual management’s protection and the actual situation in the investigation, to come up with its problems and deficiencies currently. The survey result indicates that people do badly in the land contracting right of management’s registration and grant according to the law, that farmer’s land right consciousness is poor, and that the approval degree to the system of land requisition and the land contracting right of management relief measures is not high. Through the investigation we can discover that the land contracting right of management’s protection is the same with present legal protection’s insufficiency in practice. Thus the validity of the right to land contractual management’s protection waits for further enhancing.The fourth part has discussed the system’s consummation to the right to land contractual management’s protection. Through the legal and investigation analyzing in the front part, we propose some corresponding countermeasure. This article mainly proposes some concrete reform measures on deliver a certificate, farmer’s right consciousness enhancement, the judicature relief measures’ strengthen, and land contracting right of management’s consummation in land collection, to construct a synthesis and effective land contracting right of management protection system.

The Protection and Research of the Right to Rural Land Contractual Management

Abstract

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