農(nóng)村法制講座講稿（Lecture notes on rural legal system）

1、農(nóng)村法制講座講稿（Lecture notes on rural legal system）Lectures on Legal Publicity in rural areasThe broad masses of the village:How do you do！The topic I want to address today is mainly around the construction of a new socialist countryside,The broad masses of peopleHow do the masses learn law, abide by the

2、law and use them in daily life, and how to protect themselves with law?Legal rights and interests, general secretary Hu Jintao stressed,We should strengthen legal publicity and education, and spread lawLaw knowledge, carry forward the spirit of the rule of law, enhance the legal awareness of the who

3、le society, forming the law before everyoneEquality, everyone consciously abide by the law, the use of social atmosphere.Visible, legal publicity and education bearPopularize legal knowledge,Carrying forward the spirit of rule of law,Cultivating the idea of rule of law,Its building a modern country,

4、The main premise and foundation of constructing a harmonious and stable socialist new countryside,Our country passed fiveFive years of popularizing law education,Peoples legal concept is obviously enhanced,But the broad masses of the peopleThe legal quality is far from meeting the needs of building

5、a new socialist countryside.So how do you do that?System construction is included in the daily life of the common people, so that the people can consciously abide by the law, protect the law, notOff to improve their knowing, law-abiding awareness and ability to act according to the law, and not to b

6、reak the law, how isExercising power, consciously fulfilling obligations, and rationally expressing demands.Have words to say, something depends on.JusticeWe should jointly maintain the stability of the rural society and jointly promote the construction of a new socialist countrysideWith the strong

7、atmosphere of obeying the law, abiding by the law and using the law, I aim at a few of the regular events in rural areasClass dispute,And how to deal with it?,A brief talk about your own views,Only for the broad masses of reference:First, housing disputesOneThe so-called housing disputes, refers to

8、the citizens between the housing ownership, the right to use,Disputes arising from the right of possession and disposition, housing disputes, some belong to civil disputes, some of which are civil disputesBelong to administrative disputes, and some of the housing disputes caused injury consequences,

9、 lead to criminal offenses.In this case, we should first find out who owns the property right of the house,Is there a certificate of ownership?,Of courseThe rural areas are mainly based on the homestead certificate issued by the land management department,Confirm the registration of the houseWhose n

10、ame is on the card?,So, who owns the house?,This type of caseMany disputes, some housing disputes, residential disputes caused by four unclear, one side violationsOther people or collective legitimate rights and interests, there are illegal housing disputes, housing demolition disputes,Housing donat

11、ion disputes, housing disputes and so on.TwoTwoHomestead dispute is mainly between citizens and citizens because of the homestead right to use the problemDisputes arising from,Disputes arising from the transfer of the right to the use of homestead,Because of the use of HomesteadViolations of other p

12、eople and collective disputes.This kind of dispute is complicated,Residential land useMainly based on the homestead card,Four or indefinite boundaries,You can apply to the land management department for sureThe right to use the land management department can be used.Two, creditors rights and debts d

13、isputesThe so-called debt is in accordance with the contract or in accordance with the law,The specific between the partiesThe rights and obligations of the people who enjoy rights are creditors, and those who have obligations are debtors,The creditor has the right to require the debtor to perform h

14、is obligations in accordance with the contract or in accordance with the law,Debt disputes,Between the creditor and the debtor,In exercising creditors rights and performing debtsDisputes, debt disputes mainly include:(1) debt disputes arising from the contract,(two) debt disputes arising from torts

15、(three) debts arising from unjust enrichmentDispute,Unjust enrichment means that there is no legal basis,Undue gains due to loss of othersThis principle should be returned to the person who has suffered losses (four) because of the lack of managementDebt disputes (five) debt disputes arising from ot

16、her causesThree, neighborhood disputesRefers to the disputes arising from the adjacent relationship in the daily life of urban and rural residential areas and neighborhood neighbors,oftenSee land disputes, drainage disputes, decoration disputes, adjacent ventilation lighting disputes, emptyThe dispu

17、tes caused by the dripping of water by regulating the main machine and so on are affected by many factorsRing,Its closely related to daily life,Basically, its drawn from the trivial things of daily lifeThe first chapter of the general principles of civil law of ChinaEighty-threeArticle stipulates: t

18、he adjacent parties of real estate should beIn accordance with the spirit of production, convenient life, solidarity, fair and reasonable, correctly handleThe adjacent relations of water cut, drainage, ventilation, daylighting, etc., cause obstruction to neighboring parties orIn case of loss, it sha

19、ll stop infringement, remove obstruction and compensate for loss. This kind of dispute happens in daily lifeLife often happens, in practice, we should pay attention to the following points:OneOne party occupied by the other party due to temporary occupation of the land used by another party for cons

20、tructionIf not agreed by both parties Wei Fan,Use and term use,It should be ordered to clean up in timeOn the spot, excluding obstacles, restoring the original state and compensation for losses.TwoOne party must be permitted to use the land on the other side, and should be permitted, thereforeThreeA

21、ppropriate compensation should be given to the losses caused.Three,One party arbitrarily blocks or occupies natural water,Affect the normal life and production of others,Others have the right to request to exclude the obstruction and cause losses to others, and should be compensated.FourWhere the ot

22、her party must use the land of the other party for drainage, it shall be permittedThe use of water within necessary limits and appropriate protection measures for drainage, such as the loss caused by the damageReasonable compensation for beneficial people.FiveIf the air condition of the adjacent hou

23、se is dripping, it will cause damage to the other party who is in faultTo exclude damages and compensate for losses.SixThe necessity of historical formation within the scope of all or used buildings of a partyPassage,The obstruction of the owner or the owner,Blocking others production,Life，Others re

24、quire to exclude or restore the original state,It should be supported,There is another open channel conditionsCan also open channel.SevenThe neighboring parties dig ditches, pools, cellars or other kinds of land on their own landThe extension of root and branch of tree planting wood,Endangering the

25、safety and normal use of buildings on the other side,Should separatelyIt shall be ordered to eliminate the danger, restore the original state and compensate for the loss.EightWhen the neighboring party is decorating the house, it shall not affect the normal rest of the other party, or even moreDamag

26、e to the pipeline, affect the other side of the wire safety and normal use, causing damage, should be orderedEliminate the danger, restore the original state and compensate for the loss.Four, marriage and family disputes (including marital disputes, inheritance disputes, alimony disputes, Fu)Marriag

27、e disputes, divorce disputes and other disputes arising from maintenance or maintenance disputesFive. Disputes over contracted management rights in rural areas (based on the contract letter of rural management)Six. Damage compensation disputesThe so-called damage compensation dispute,It refers to th

28、e tort caused by the wrongful actDamage result,However, it is difficult to reach agreement between the actor and the victim because of damagesGenerally speaking, the civil liability for damages should be composed of four elements (1)The existence of harmful facts (two) illegal behavior (three) wheth

29、er there is any cause between the illegal act and the damage factFruit relationship (four) fault of actor.Such disputes, including general tort and special infringement, are damaged in some special casesThe four elements of civil liability for compensation are different at the same time,But the law

30、also promisesFourBear civil liability,This is the special civil liability for damages,What are special damages?What about compensation?(1) civil liability for damage caused by substandard product qualityGeneral principles of civil lawNo.One hundred and twenty-twoArticle regulation:Other property cau

31、sed by substandard product quality,In case of personal injury, the manufacturer or seller of the product shall bear civil liability according to law.(two)Civil liability for causing damage to persons engaged in highly dangerous operations,applyNo faultPrinciples(three) civil liability for damage cau

32、sed by suspended objects and other things(four) civil liability for animal damage caused by raising animals(five) the civil liability of both parties to the damage without fault(six)Five civil liability for damage caused by capacity for civil conduct and limited capacity for civil conductletThe general principl