农户内部土地承包经营权纠纷及其解决途径研究
发布时间：2019-05-12 11:37
【摘要】：我国农村土地主要以农村集体经济组织内部家庭承包方式进行经营管理,发包方为村集体经济组织或村民委员会,承包方则是本集体经济组织的农户。国内外学界对我国土地制度的研究颇丰,国内学界更是提出对土地承包经营权纠纷解决机制进行完善,并提出详尽的立法建议,但对于农户内部土地承包经营权纠纷具体案件的处理上,缺乏以现有立法为手段的具体解决方案。本文想要研究解决的,是农村土地以家庭承包方式进行经营管理时,农户内部成员的纠纷问题,即农户内部土地承包经营权纠纷。本文通过对我国现行立法和学界观点的研究,以案为例,列举农户内部土地承包经营权纠纷的典型表现形式,对纠纷产生原因进行分析,从程序和实体上提出解决该类纠纷的对策,并对完善农户内部土地承包经营权制度提出建议。 本文共分五个部分： 第一部分为“农户内部土地承包经营权纠纷概论”,本章提出了本文想要解决的农户内部土地承包经营纠纷问题中所指的农户的概念,对农户及其成员法律地位、农户成员对土地承包经营权的关系进行分析研究。 第二部分为“农户内部土地承包经营权纠纷典型表现形式”,本章对农户内部土地承包经营权纠纷归纳了三种典型的表现形式,并分别列举案例加以说明。 第三部分为“农户内部土地承包经营权纠纷成因分析”,本章是对农户内部土地承包经营权纠纷的成因进行了分析,认为产生纠纷的主要原因是农村土地登记制度落实不到位以及村规民约与农户成员尤其是妇女的权益矛盾。 第四部分为“解决农户内部土地承包经营权纠纷的对策”,这是本研究的重点和落脚点,本章从我国现有立法的角度,从程序和实体上提出解决农户内部土地承包经营权纠纷的对策。通过协商调解、仲裁、行政、诉讼(包括司法确认、民事诉讼)的程序,对农户内部土地承包经营权纠纷进行处理。同时对三类典型的农户内部土地承包经营权纠纷,在上述四个程序中分别进行实体处理方法的研究,并对第二章中列举的三个案例提出实体上的处理意见。重点分析了农户内部土地承包经营权纠纷是否具有民事可诉性。 第五部分为“完善我国农户内部土地承包经营权制度的建议”,为减少和解决农户内部土地承包经营权纠纷,对完善农户内部土地承包经营权制度提出四点建议。
[Abstract]:The rural land in our country is mainly operated and managed by household contract within the rural collective economic organization, the contractor is the village collective economic organization or the villagers' committee, and the contractor is the peasant household of the collective economic organization. The domestic and foreign academic circles have done a lot of research on the land system of our country, and the domestic academic circles have put forward to perfect the dispute settlement mechanism of the land contractual management right and put forward detailed legislative suggestions. However, there is a lack of specific solutions to the disputes over land contractual management rights within farmers. What this paper wants to solve is the dispute between the internal members of farmers, that is, the dispute of land contractual management right within farmers, when the rural land is operated and managed by household contract. Through the study of the current legislation and academic views of our country, taking the case as an example, this paper enumerates the typical forms of disputes over land contractual management rights within farmers, and analyzes the causes of the disputes. This paper puts forward some countermeasures to solve this kind of disputes from the aspects of procedure and entity, and puts forward some suggestions for perfecting the system of land contractual management rights within farmers. This paper is divided into five parts: the first part is an introduction to the disputes of land contractual management rights within farmers. This chapter puts forward the concept of farmers in the disputes of land contractual management within farmers that this paper wants to solve. The legal status of farmers and their members and the relationship between farmers' members and land contractual management rights are analyzed and studied. The second part is "the typical manifestation of the dispute of land contractual management right within farmers". This chapter sums up three typical forms of dispute of internal land contractual management right of farmers, and enumerates the cases to illustrate it respectively. The third part is "Analysis of the causes of disputes over land contractual management rights within farmers". This chapter analyzes the causes of disputes over land contractual management rights within farmers. It is considered that the main reasons for the disputes are the lack of implementation of the rural land registration system and the contradiction between the village rules and regulations and the rights and interests of farmers, especially women. The fourth part is "the countermeasures to solve the disputes of land contractual management rights within farmers", which is the focus and foothold of this study. This chapter is from the perspective of the existing legislation of our country. This paper puts forward some countermeasures to solve the disputes of land contractual management rights within farmers from the aspects of procedures and entities. Through the procedures of negotiation mediation, arbitration, administration and litigation (including judicial confirmation and civil action), the disputes of land contractual management rights within farmers are dealt with. At the same time, for three typical disputes of land contractual management rights within farmers, the entity treatment methods are studied in the above four procedures, and the substantive treatment opinions are put forward for the three cases listed in the second chapter. This paper focuses on the analysis of whether the dispute of land contractual management right within farmers is civil litigable. The fifth part is "suggestions on perfecting the system of land contractual management rights within farmers in our country". In order to reduce and solve the disputes of internal land contractual management rights among farmers, four suggestions are put forward to improve the system of internal land contractual management rights for farmers.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
本文编号：2475360
[Abstract]:The rural land in our country is mainly operated and managed by household contract within the rural collective economic organization, the contractor is the village collective economic organization or the villagers' committee, and the contractor is the peasant household of the collective economic organization. The domestic and foreign academic circles have done a lot of research on the land system of our country, and the domestic academic circles have put forward to perfect the dispute settlement mechanism of the land contractual management right and put forward detailed legislative suggestions. However, there is a lack of specific solutions to the disputes over land contractual management rights within farmers. What this paper wants to solve is the dispute between the internal members of farmers, that is, the dispute of land contractual management right within farmers, when the rural land is operated and managed by household contract. Through the study of the current legislation and academic views of our country, taking the case as an example, this paper enumerates the typical forms of disputes over land contractual management rights within farmers, and analyzes the causes of the disputes. This paper puts forward some countermeasures to solve this kind of disputes from the aspects of procedure and entity, and puts forward some suggestions for perfecting the system of land contractual management rights within farmers. This paper is divided into five parts: the first part is an introduction to the disputes of land contractual management rights within farmers. This chapter puts forward the concept of farmers in the disputes of land contractual management within farmers that this paper wants to solve. The legal status of farmers and their members and the relationship between farmers' members and land contractual management rights are analyzed and studied. The second part is "the typical manifestation of the dispute of land contractual management right within farmers". This chapter sums up three typical forms of dispute of internal land contractual management right of farmers, and enumerates the cases to illustrate it respectively. The third part is "Analysis of the causes of disputes over land contractual management rights within farmers". This chapter analyzes the causes of disputes over land contractual management rights within farmers. It is considered that the main reasons for the disputes are the lack of implementation of the rural land registration system and the contradiction between the village rules and regulations and the rights and interests of farmers, especially women. The fourth part is "the countermeasures to solve the disputes of land contractual management rights within farmers", which is the focus and foothold of this study. This chapter is from the perspective of the existing legislation of our country. This paper puts forward some countermeasures to solve the disputes of land contractual management rights within farmers from the aspects of procedures and entities. Through the procedures of negotiation mediation, arbitration, administration and litigation (including judicial confirmation and civil action), the disputes of land contractual management rights within farmers are dealt with. At the same time, for three typical disputes of land contractual management rights within farmers, the entity treatment methods are studied in the above four procedures, and the substantive treatment opinions are put forward for the three cases listed in the second chapter. This paper focuses on the analysis of whether the dispute of land contractual management right within farmers is civil litigable. The fifth part is "suggestions on perfecting the system of land contractual management rights within farmers in our country". In order to reduce and solve the disputes of internal land contractual management rights among farmers, four suggestions are put forward to improve the system of internal land contractual management rights for farmers.
【学位授予单位】：内蒙古大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D922.1
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