Investigation report on the trial of rural land dispute cases

Investigation report on the trial of rural land dispute cases

Building a new socialist countryside is a major decision made by the Party Central Committee from the goal of building a well-off society in an all-round way. It is also a popular project that benefits the vast number of peasants. In promoting the construction of new countryside, the state completely abolished the agricultural tax and implemented a series of preferential policies for the rural areas, farmers and agriculture, which greatly mobilized the enthusiasm of farmers to rely on the land to become rich and diligent. The land is the material basis for the production and life of the peasants. Status is even more important in the situation. Jiangbei District is one of the main urban areas of Chongqing. It administers 9 streets and 3 towns. Apart from the three agricultural towns of Yuzui, Fusheng and Wubao, other streets contain some rural areas. The rural areas of the area are located around the city, and the development and circulation of rural land is frequent. The accompanying cases are disputes involving the contracting, adjustment, circulation, development and construction of rural land. Carry out special investigations on rural land dispute cases, analyze new situations and new problems arising from trials of rural land cases, sum up trial experience, give full play to the role of the trial function of the people's courts, better properly handle peasant land dispute cases, and enhance service to new rural areas. The consciousness, initiative and effectiveness of construction have a very important role in providing a strong judicial guarantee for building a new socialist countryside.
I. Basic Situation of Rural Land Dispute Cases In recent years, with the development of urban construction, the development of rural land in rural areas has become increasingly active. The resulting rural land dispute cases have become one of the key and difficult cases of court trials. From 2003 to May 2006, our hospital accepted 26 cases of rural land disputes. Among them, 3 in 2003; 5 in 2004; 6 in 2005; and 12 in January-May 2006. Rural land dispute cases are related to the importance of farmers' land, the legal awareness of farmers, the adjustment of national land laws and policies, and the improvement of land value.
The characteristics of rural land dispute cases are that the number of cases has increased year by year. In particular, after the state abolished the agricultural tax, the value of rural land was highlighted, and land dispute cases rose rapidly. In the first five months of this year alone, the rural land dispute cases accepted by our hospital accounted for 46.2% of similar cases in the past three years. Second, the types of cases are increasingly diverse. In the case before 2004, the contradiction was relatively simple, mainly focusing on the land compensation, resettlement fees, distribution of young crops and attachment compensation fees after the land was developed and requisitioned by the state. After 2005, the farmers’ land contractual management rights and land transfer were violated. Cases such as illegal land resumption, divorce and split contracting sites have been increasing. Third, the subject of litigation and legal relations have become increasingly complex. Prior to 2004, the land dispute case was single, mainly as a land contractor’s peasant and the village community. Since 2005, it has gradually expanded to between contractor family members, contractors, village agencies and transfer renters. Some cases have multiple parties such as the original, the defendant and the third party. The case is both a contractual dispute and an infringement, and the legal relationship is more complicated. Fourth, it is easy to cause conflicts and collective appeals. Large-scale development and occupation of agricultural land affects the vital interests of many farmers and is likely to trigger class actions. Such cases involve a wide range of issues, the complexity of the case and the social impact of the case, a slight carelessness can easily lead to mass petitions.
The main types of rural land dispute cases, the Supreme People's Court's Interpretation on the Applicable Law Issues Concerning the Trial of Cases Concerning Rural Land Contract Disputes, clarify five situations in which the People's Court accepts rural land disputes as civil cases: rural land contractual disputes, land Contracting business infringement disputes, land contractual management rights transfer disputes, land contractual management rights inheritance disputes and disputes arising from the distribution of compensation fees for contracted land are legally more broad divisions. From the analysis of the cases accepted by our hospital, the land dispute cases mainly manifested in the following seven specific types:
1. Disputes arising from the subcontracting of land between villagers. The law stipulates that the land contractual management right obtained through household contracting can be transferred by subcontracting according to law. The peasants subcontracted their contracted land to other villagers for cultivation. In the implementation of the subcontracting agreement, the two sides could not coordinate and appealed to the court for resolution. Such cases show diversity from the root of the dispute. First, there is a contradiction in the issue of the attribution of compensation fees after the subcontracted land is developed or leased. After the subcontracted land is developed or leased, the land compensation fee, young crop fee, and attachment compensation fee are owned by the original contractor or returned to the current cultivated person. The two sides are inconsistent and the grassroots organizations cannot coordinate. The second is to cause specific disputes caused by planting specific crops on subcontracted land. After signing the land subcontracting contract between the villagers, the subcontractor planted flowers and trees, cash crops, etc. on the ground, causing dissatisfaction with the original contractor. The original contractor saw that the benefits were good. If he wanted to recover the land in advance, he would prevent the subcontractors from planting cash crops and greening trees on the farmland on the grounds of affecting the fertility of the land. The original contractor requested to cancel the subcontracting agreement and recover the contracted land.
2. Disputes arising from the implementation of special contractual contracts between villagers and villages. First, the contractor refused to pay the contract fee to create a dispute. The villagers contracted collectively owned fish ponds. In the performance of the contract, the contractors provided that the fish ponds provided by the villagers did not meet the conditions of use, and they did not receive the expected income, and deducted or refused to pay the contracting fees. Other villagers were dissatisfied with this. The lawsuit in the community requires payment of rent. Second, disputes arising from the distribution of compensation funds after the contracted orchard was developed. The villagers contracted the collectively owned orchards and increased the planting of fruit trees. Before the expiration of the contract period, the orchard land was developed and requisitioned by the state, and the compensation for the fruit trees was controversial. The agency said that the compensation was paid by the state to the agency and has nothing to do with the contracting individual. The contractor believed that he had planted fruit trees during the contract period and had worked hard to cultivate the fruit trees, asking for the corresponding amount. Third, the contractor caused changes in land use and caused disputes. The contractor signed an agreement with the village community to contract the collectively owned wasteland to plant fruit trees and forest trees. Later, due to urban expansion, the contractor did not plant fruit trees and trees, but built a large number of houses on the contracted land for profit, causing other villagers to be angry. The contradictory prosecution contractor requested to recover the land.
3. Disputes arising from divorce and division of contracted land. In the previous divorce cases, since neither party raised land issues, the court generally did not actively involve the division of contracted land when dealing with divorce cases. In recent years, due to the increase in the value of land, it is more common for the parties to divide the contracted land due to divorce. Some of them require the division of contracted land in the trial of divorce cases, and some separate litigations of contracted land after divorce.
4. Disputes arising from rent distribution after centralized land transfer. With the consent of the contractor, the community concentrated the land transfer to the outside. In the performance of the contract, the original contractor considered that the rent distribution was unreasonable, and the agency violated the land contractual management right, and appealed to the recovery village collective to sign a lease agreement with others. Restore land contractual management rights. Such cases involve a large number of people, involving the interests of many parties, and it is quite tricky to deal with.
5. Disputes arising from the failure to issue or adjust the land according to the program. The village cadres randomly distributed the contracted land of the peasants to others, and there were a large number of cases infringing on the farmers' land contractual management rights. First, after the original contractor subcontracted or lends the land to others for cultivation, the village agency directly issues the land to the cultivated person. If some original contractors lend the land to other people for cultivation, agricultural taxes, retention, etc. are paid by the cultivator. In the second round of land contracting, the village cadres did not inform the original contractor, that is, the borrowed land was contracted to the cultivator. When the original contractor requested the return of the land, he found that his contracted land had already been separately issued to others. The original contractor used the village community to infringe and filed a lawsuit with the court to return the contracted land. Second, the village cadres abused their powers to adjust the contracted land at will, and infringed the farmers' land contractual management rights.
6. Disputes caused by unreasonable major changes due to objective circumstances and low land rents. Such cases are mainly manifested in other forms of contracting. In the case of collectively owned forest land, barren hills, etc., the contracting time is very long, usually 50 years. Before the signing of the contract, the land value has not been fully reflected before the central government issued a series of policies to benefit farmers. The agreed rent includes the taxes and fees paid by the state. With the implementation of the exemption of agricultural tax and agricultural subsidy policies, the purely beneficial rent level The result was greatly reduced, resulting in unfair results, causing widespread dissatisfaction among the villagers. The village community filed a lawsuit with the court and requested the termination of the contract.
7. The village community recovers the dispute arising from the contracted land of migrant workers. The peasants work outside the home and buy a house in the city to relocate their homes. The villagers reclaim the land on the grounds that the contractor’s household registration is no longer in the rural areas. The contractor refused to accept the court’s decision to abolish the village community decision and resume the land contractual management right.
II. Main Principles for the Trial of Rural Land Dispute Cases in Our Country Rural land dispute cases involve complex theory, strong policy, high sensitivity and difficulty in handling. Properly handling land disputes is not simply a legal issue, but is about safeguarding the legitimate rights and interests of farmers. To promote major social problems in the construction of a new socialist countryside. Grasping the overall principles of trials of rural land disputes is necessary for the proper handling of such cases.
1. Protect the stability and legal circulation of farmers' land contracting relationships. According to China's "Rural Land Contract Law", farmers have long-term and stable land contractual management rights granted by law. During the statutory contract period, no organization or individual may illegally adjust and recover the contracted land, and may not forcibly transfer the contracted land against the will of the peasants. It is not allowed to illegally occupy and occupy farmers' contracted land. This is the basic principle that should be grasped in the trial of rural land disputes.
2. Grasp the relationship between law and policy. In China, policies and laws have a unified guiding ideology, political direction and interest base, which are essentially the same. In the event of a legal gap, the corresponding policies can be supplemented. However, there are differences between policies and laws in the formulation of organs and procedures, expressions, implementation methods, and scope of effectiveness. Policies and laws each have their own unique adjustment mechanisms that cannot be replaced. Before the law is amended, it should adhere to the law, and if it is necessary to act in accordance with the policy, it must not impair the legitimate rights and interests of citizens in the legal structure. The national land policy is a political decision and countermeasure for the problems arising from the land use and development and the operation of the land policy by the relevant state departments. In the current treatment of rural land disputes, the regulatory role of the policy is quite strong*. Legal adjustment is mandatory and policy is oriented. Dealing with the relationship between the two should adhere to policy adjustment and obeying legal adjustment. When there is no law or conflict between law and policy, relevant policies should be correctly applied in accordance with legal principles.
3. Correctly handle the relationship between laws and policies, village self-government, and township regulations, and strive for the unification of legal effects, political effects, and social effects. Judging from China's national conditions, in addition to the adjustment and regulation of rural land by policies and laws, there is also an informal norm of rural villager autonomy and township regulations. Village self-government is produced along with the promotion of rural democracy and legal system construction. It is an important institutional arrangement for villagers to solve rural public problems independently, conduct public management, and provide good public services. The Organic Law of Villagers' Committee, passed in 1998, laid the basic legal foundation for villager autonomy. According to the regulations, the villagers' committees must be brought to the meeting of the villagers to discuss the decisions. These matters include the use of income from the rural collective economy; the establishment of the village collective economic project, the contracting plan and the construction plan of the village public welfare undertaking; The contracting management plan of the villagers; the use plan of the house site. The township regulations refer to the regulation of rural villagers' autonomy to adjust the interests between villagers, villagers and collectives, and the behavior of villagers. Due to the complexity of rural land issues, while the laws and policies are undergoing major adjustments, it is sometimes necessary to play the role of village self-government and township regulations in the microscopic sense. Article 20 of the "Organization Law of Villagers' Committees" stipulates: "The villagers' self-government regulations, village regulations, and villagers' representatives' discussions and decisions shall not contravene the Constitution, laws, regulations and national policies, and shall not infringe on the personal rights and democracy of the villagers. The content of rights and legal property rights.” It can be seen that the township rules must be legal and only supplemented by policies and regulations, and cannot override the law. In the trial of rural land dispute cases, we must fully respect the rights of villagers' autonomy and the established facts of the township rules and regulations, and we must rectify the violation of the land contractual management rights of the farmers by the villagers' autonomy and the township regulations. To achieve the unification of legal effects, political effects, and social effects.
4. Adhere to the principle of justice for the people. First, use a variety of means to strengthen litigation mediation. In the trial of rural land dispute cases, we must adhere to the goal of resolving contradictions and building harmony, and use mediation as a necessary procedure for handling land dispute cases, and flexibly use the "affinity-emotional method, legal counseling method, interest-inducing method summarized from the trial experience." Various methods, such as the law, weighing the pros and cons, rely on the village committee, the grassroots government petition department, the judicial office, and the people's mediation organization to coordinate and coordinate the mediation work throughout the litigation process. Second, make a good answer after the judgment. The law of the rural parties is relatively low, and it is difficult to understand the judgment documents of the court. It is necessary to explain the reasons for the judgment after the case is pronounced, and strive to serve the judgment. Third, to conduct trials, conduct legal publicity, provide judicial assistance, and protect farmers' legal rights. It conducts patrol trials, handles cases on the spot, provides convenience for peasant lawsuits, and organizes peasant people to listen to them, improve their understanding of land legal policies and their ability to distinguish between right and wrong, and to examine the case and educate them. For some parties with financial difficulties, the government will provide judicial assistance, and timely reduce, slow, and exempt the litigation costs to ensure that they can afford the lawsuit.
5. Extend the trial function and propose judicial advice. Judicial justice is not a panacea. The causes of land disputes are complex and have wide-ranging social influences. Many cases reflect the problem of universality in rural areas. Judicial means cannot solve problems alone. Sometimes there will be cases where the case has not been settled. Timely submit new proposals and new problems encountered in the trial of cases to the party committee, government and rural grassroots organizations to propose judicial proposals, strengthen and improve rural land work, solve outstanding problems, and ensure the realization of the legitimate rights and interests of the parties.
6. Adhere to the concept of fairness and justice to ensure the quality of the case. In the trial of rural land disputes, it is necessary to be open and fair, and to ensure the fairness of the case through fairness, especially in the outcome of the case.
III. Several Issues in the Trial of Rural Land Dispute Cases Farmers have long-term and stable land contractual management rights granted by law. During the statutory contract period, no organization or individual may illegally adjust and recover the land, and may not forcibly transfer the contracted land against the will of the peasants. It is not allowed to illegally encroach on the contracted land of farmers. For land dispute cases without specific laws and policies as the basis for trial, it should proceed from the protection of the legitimate rights and interests of the contractor and properly handle it according to the basic spirit of existing laws and policies. In recent years, the trial of rural land disputes in our hospital has effectively safeguarded the legitimate rights and interests of the peasant people, promoted the harmonious development of rural social economy, and received good legal and social effects. We believe that in the trial practice of rural land dispute cases, we should focus on the following issues.
1. Accurately define the case of rural land dispute cases. At present, the case of rural land dispute cases is not specific. The general practice is to file a case for land contract disputes. The case is relatively general and cannot accurately reflect the substance of the case. It cannot also distinguish the treatment method from the case, which is not conducive to the establishment of detailed judicial statistics. Account. In combination with the characteristics of rural land disputes, it should be accurately subdivided in the case, so that it can reflect the substantive characteristics of the case disputes and facilitate the correct application of the law. In combination with trial practice, we believe that the main distinction should be made as follows: Agricultural contractual contract dispute cases. Where a party to an agricultural contract has a dispute arising from the signing, performance, alteration or termination of an agricultural contract, and one party files a lawsuit in the people's court, the case shall be determined as a dispute over the agricultural contract. Such cases are under the jurisdiction of the people's court where the contractual performance is performed or the defendant's domicile. Co-contracting, a large number of people should be elected to conduct litigation. If no representative is elected, the court of the assignee shall designate a representative among the contractors. Contractual management rights disputes. The contractual management rights of citizens and collectively owned or collectively owned land used by collective economic organizations are protected by law. If a third party other than the contractor or the contractor violates the law and violates the land management right of the contractor, the dispute shall be filed in the dispute over the contractual management right. The difference with the agricultural contract contract dispute is that it is an infringement dispute, and the agricultural contract contract dispute is a contract dispute, and the applicable law is very different. Dispute over the contractual transfer rights agreement. The law stipulates that land management rights obtained through household contracting can be transferred by means of transfer, subcontracting, leasing, and exchange. The parties involved in the transfer of land contractual management rights shall, due to the transfer, subcontracting, leasing, and exchange of land contractual management rights, disputes arising during the performance of the transfer agreement, shall be filed on the basis of the dispute over the contractual management rights. Request to confirm the invalidity of the land transfer agreement. Members of agricultural collective economic organizations or villagers of village committees believe that agricultural collective economic organizations or village committees violate the law and transfer collectively owned land to others to harm the interests of farmers. If one party sues to request confirmation that the land transfer agreement is invalid, Request to confirm the invalidation of the land transfer agreement. Most of these cases are group disputes or group litigation.
2. The issue of land contractual management rights for migrant workers. Farmers are working in cities and buying and selling homes in the city. Although these people have become "city people," they will not easily give up their contracted land in rural areas. The right to land contractual management of migrant workers is protected by law. Article 26 of the Law on Rural Land Contracting in China stipulates that during the statutory contracting period, no part of the contractor’s family will be relocated to the non-agricultural population. land. It can be seen that the law of the migrant workers’ land is strictly limited. In practice, the rural collective economic organization or the village committee is based on the contradiction between the people and the land, and the relaxation of the conditions for the return of migrant workers’ land to others should be Prohibited. In such cases, the court that the migrant workers have filed a lawsuit for return to the contracted land should support it.
3. The issue of forced transfer of land against the will of the peasants. The law stipulates that the contracting party shall enjoy the autonomy of the transfer of land contractual management rights according to law, and shall not be obstructed or forced by any organization or individual. Without the written entrustment of the contractor, the Employer and other organizations or individuals may not sign the land transfer contract on behalf of the contractor, forcing the peasants to transfer the land contractual management right, or excusing the democratic implementation of the minority to obey the majority to force the peasants to transfer the land, and the transfer relationship is invalid. . If the farmer sues for the return of the contracted land that is forcibly transferred, the court shall protect it.
4. The issue of recovering farmer's contracted land on the grounds of abandonment. There are complicated reasons for the contractor to abandon the land for abandonment, especially in the past, the agricultural tax is heavy. Many farmers think that working outside the home is more cost-effective than planting at home, which leads to some land ridiculous. From the perspective of laws and policies, whether it is the "Land Contract Law" or "Interpretation of the Applicable Law Issues Concerning the Trial of Cases Concerning Rural Land Contract Disputes", and the State Council's "Emergency Notice on Restoring Farmland Production as Quickly as Possible" or "On Proper Solution" The "Emergency Notice on Current Land Contract Disputes" does not stipulate that the contracted land for abandonment can be recovered. Accordingly, in the trial practice, the interests of the land contractual management right holders should be taken from the rural collective contracting law before the implementation of the Rural Land Contracting Law, and the contractor’s request for the return of the contracted land should be Support.
5. Regarding the problem of marrying a woman and contracting a land. The land contractual management right of the married woman and the doorman is protected by law, regardless of whether the land contractual management right is obtained from the new place of residence after marriage, or the land contractual management right obtained before the marriage is retained. The general principle is that the rights cannot be defeated. In the case handling, the situation can be treated differently: if the contractor obtains the contracted land from the new place of residence after the marriage, the contractor can recover the original contracted land; if the contracted land is not obtained in the new place of residence after the marriage, the contractor may not take back the contract. Its original contracted land.
6. On the issue of the change in objective conditions, the performance of the contract is obviously unfair. The contract involving land transfer can only take into account the social and economic conditions and the legal and policy background at the time of signing. The agreement on the rights and obligations of both parties is suitable for the case at the time of signing the contract. However, the land issue is greatly affected by social and economic development and changes in national policies. The changes in objective conditions in different periods and the adjustment of the national agricultural basic policies often break the balance between the rights and obligations of the contractual parties, making the land transfer contract continue to perform and lose the basis of fairness. , thus causing disputes. Article 16 of the Supreme People's Court's Interpretation on the Applicable Law Issues Concerning the Trial of Cases Concerning Rural Land Contract Disputes provides a legal basis for resolving related issues. In practice, some contractors sued to confirm that the contract was invalid, but the essence of the case was not the invalidity of the contract, but the objective situation has undergone major changes. The court cannot easily deny the validity of the contract and the seriousness of the contract when trying such cases; However, if the plaintiff’s request is rejected and the contract is continued, it is not conducive to protecting the farmers’ basic rights. Therefore, the judge should explain the law to the parties. After the plaintiff changes the claim, the court can analyze the objective situation of the change, deal with it according to the principle of fairness, and properly handle the case from both the legal effect and the social effect.
7. Regarding the application of evidence in the trial of the case. The evidence ability of the parties in rural land dispute cases is generally poor, and the causes of land dispute cases are also more complicated. The identification of evidence in the trial should grasp two aspects: first, according to the rural reality, pay attention to the application of the rule of thumb; second, follow the " Under the premise of the relevant provisions of the Rules of Evidence, it is appropriate to increase the intensity of expropriation to obtain evidence, and to be as objective as possible when using evidence.
IV. Suggestions for Solving the Problem of Rural Land Disputes At present, the problem of rural land disputes is prominent, and only a part of the court cases are reflected. To fundamentally solve these practical land disputes, it is not enough to rely solely on the use of judicial procedures by the courts. It is necessary to establish a comprehensive governance mechanism, incorporate overall arrangements, improve prevention mechanisms, and timely investigate, detect and eliminate instability involving rural land issues. Factors create a harmonious and stable social environment for the smooth advancement of all socialist rural construction work.
1. Strengthen legal research on rural land issues. In the process of building a new socialist countryside, we must focus on rural stability and overall development, conduct targeted research on rural land issues, and discover and analyze new situations and new problems involving rural land. From the policy and legal aspects, we will actively explore new mechanisms and methods for avoiding and dealing with rural land disputes under the new situation. Although the Supreme People's Court issued the "Interpretation on the Application of Laws Concerning the Trial of Rural Land Contract Dispute Cases", it provided a basis for the trial of land contracting, circulation, and collective income distribution, but some disputes were large, and the issue of not forming consensus was still not added. Standardization, some problems need to be clarified in the property law, and the study of agricultural land problems lags behind, can not adapt to the development of rural economic and social, and urgently needs to attach great importance.
2. Give full play to the role of rural grassroots organizations. Strengthen the organizational construction of rural grassroots village party branches and village committees, enhance their authority and cohesiveness, and play a greater role in managing rural affairs, especially in dealing with land disputes. As the leader and organizer of various rural work, rural grassroots cadres must learn to do a good job in peasant and rural work under new historical conditions, constantly regulate their own behavior, manage according to law, and drive the people with good image and win the trust of the people. . It is necessary to manage rural and land-related contractual contracts in accordance with the law. All economic activities in the rural areas, especially land contracting and land transfer involving the interests of farmers, must be incorporated into the contract management in accordance with the law. To sign a rural contract, we must adhere to the principles of lawfulness, equality, and voluntariness. We must strictly damage the interests of the people and the collective, and gradually incorporate rural economic and social affairs into the track of legal management. The rural grassroots organizations are closest to the peasants. They know the status quo of the rural lands and the causes of the disputes. They can resolve the land disputes in the bud by the mediation of the contradictions.
3. Strengthen government supervision and guidance on rural work. Judging from the problem of rural land disputes, the government's inadequate supervision and supervision of rural land contracting and circulation has led to confusion in rural land work, and the occurrence of contradictions and disputes has also occurred from time to time. The town government should strengthen the supervision and guidance of the village committee and rural work, and improve the ideological and political quality and practical work ability of rural cadres through correct and effective guidance, guidance and training. Article 48 of the Law on Rural Land Contracting stipulates: “The contractor shall contract rural land to units or individuals other than the collective economy, and shall have two-thirds or more of the members of the villagers’ meeting in advance or two-thirds of the members of the collective economic organization. The consent of the villagers’ representatives was reported to the township people’s government for approval. It can be seen that the town’s people’s government has the right to approve the outsourcing of part of the rural land, and can supervise and guide the orderly development of the rural land. . The town people's government should increase the guidance and supervision of rural land work. Relevant government departments must strictly follow the "Land Contract Law" and other laws, regulations and policies to strengthen the regulation and guidance of rural land management contracting, and further strengthen the rural grassroots organizations. Land work. It is necessary to register and record the rural land contracting, circulation, and partial adjustment, and implement full-scale supervision to reduce the potential hidden dangers of land disputes. In view of the frequent and varied forms of land around the city, relevant departments should strengthen the standardized guidance on rural land transfer, establish and improve the land transfer mechanism, and establish a system for the conclusion, witness and registration of land transfer contracts, according to law, voluntary, and paid The principle is to ensure the orderly circulation of rural land. Through the cleanup and rectification of rural land circulation, the land transfer will be incorporated into the legalized and standardized track, and the legitimate rights and interests of farmers will be safeguarded.
4. Improve the diversified land dispute resolution mechanism. First, we must broaden the channels for dispute resolution. According to Article 51 of the Rural Land Contract Law, there are three types of land dispute resolution: mediation, arbitration and litigation. To resolve the contradiction of land disputes, it should be a multi-pronged approach to litigation, mediation, arbitration, etc., to provide various relief channels for those who are unwilling to resolve disputes through litigation, so that more land disputes can be quickly, conveniently and properly resolved outside the litigation. To relieve the pressure of the courts and make reasonable use of limited judicial resources. The second is to establish a mechanism for the investigation of rural land conflicts. Relevant government departments should go deep into the rural areas to carry out the investigation and mediation of land disputes and unstable factors, so as to achieve early detection and early disposal of land issues. The land disputes discovered during the investigation shall be reported to the relevant departments for coordination and timely processing. The functional departments shall intervene in advance, do a good job in the coordination and control of the parties to the dispute, solve the problem at the grassroots level, and resolve the contradictions in the bud. The third is to improve the mechanism for handling rural land disputes. Party committees and governments at all levels must fully understand the importance and urgency of resolving rural land disputes. It is necessary to establish and improve mediation and arbitration institutions to deal with land disputes, organize special personnel, and concentrate their efforts to actively engage farmers in timely handling of land disputes and prevent them from happening. The intensification of contradictions has caused bad events, making mediation work the first line of defense against land disputes.
5. Improve the level of social security for landless farmers. Land is the basic means of production of farmers. Farmers depend on agriculture for their livelihood. Without land, there is no livelihood. The contradiction between people and land caused by landless peasants in rural areas should be solved mainly through development methods. With the goal of building a new socialist countryside, government departments at all levels must proactively help some landless and landless farmers to expand their employment areas, prioritize their participation in non-agricultural job skills training and technology learning, and by taking large amounts of rural labor from the land. Free up and reduce the dependence of farmers on the land. Starting from the transformation of ideological concepts, we will expand the space for peasants to increase their incomes, encourage peasants to go to cities to work and do business, take the road of urbanization development, and solve the contradiction between people and land. We will change the current rural social security policy without distinguishing between land and land. We should implement policy inclinations for landless farmers, appropriately raise the level of social security, and alleviate rural land conflicts.
6. Actively explore new ways of land transfer. The limited and non-renewable nature of land resources determines the value of land as a trend of social and economic development. In reality, some of the land dispute cases arising from the circulation are due to the inadequacy of the value-added of the value of the land when the contract is signed, the low cost of circulation, and the contradiction caused by the farmers. Some adopt the method of increasing the gradient of the circulation cost with the age, but the implementation of the increased gradient does not coincide with the change of the land value itself, and it will also produce de facto unfairness, leading to contradictions. At present, in the rural land circulation around the city, the phenomenon of changing the nature of land use is very common, and the land cannot be re-cultivated. In the long run, it is a kind of damage to the legitimate rights and interests of farmers. In view of the current situation of land transfer, we should boldly explore new ways of land transfer. We can try to use land use rights to invest in shares, transform land physical form into value form, promote the transfer of land management rights, increase farmers' land income, and stabilize rural land transfer relationship.