Research On Settlement Of Land Circulation Dispute Based On Community Development In China

Rural land circulation, which used to survival the rural economic, adjust the agricultural industrial structure, and increase peasant income, is the key step to accelerate rural reform in the New Ear. However, disputes occured with increasing frequency for some reasons such as the defection in legal system and nonstandard practice, thus the interests of farmers are injured, together with a bad influence on the harmony and stability of rural community. Under the backgroud of new rural construction and balancing rural and urban development, the rural disputes reflect some non-standard factors in the process of rural land circulation, and also reflects the demands of farmers' land interest which are upsurged unprecedentedly in New Ear, to make the disputes differ from others. Meanwhile, the solution of disputes invovle the distribution of land interest and sustainable development of land resources, concerning the survival and development of farmers, therefore, how to coordinate the relations is particularly important. To solve this problem, this paper, by taking the view angle of rural community development, attempts to explore a way suitable to perfect the dispute settlement mechanisms according to the study and practical analysis.Firstly, the pape is to be started from the basic contents of dispute settlement mechanisms on rural land circulation, to define some controversial such as rural land circulation,and make the subject investigated clear; then make an analysis on the coupling between the development of rural community and dispute settlement mechanisms, reveal their relationship of advance each other; the study then will be putted in a theoretical framework, with the theories of subsistence rights and development rights, Community development right, interest and interests mechanism, rights relief and social control.Secondly, through the empirical research on the current situation of the dispute settlement mechanism, the features of dispute on rural land circulation would be summarized and the reasons would be analyzed. Then an analysis form four aspects on difficulties of the dispute resolution mechanism will be taken. Meanwhile puts an emphasis on inspecting the practical situation of land dispute resolution in four countries: the UK, France, Germany and Japan. According to an comparative analysis between aboard and domestic, draw out some the experience and enlightenment about constructing our own dispute resolution mechanism. Finally, proceeding from china's national conditions, based on the main values including protect the interests of farmers, optimize the allocation of rural land resources, and harmonious development in rural communities, guided by the clues in the method, goal, and organization, the study try to perfect and innovate a rural land circulation dispute settlement mechanism form the aspects of multi-subjects, institutions, and rules. In a word, The community and community mediation organizations is to be the carrier which links the subjects and connections in the process of land circulation disputes solution. And the author will establish the linkage mediation mechanism in which the community mediation is the core, the arbitration system of agriculture in which the arbitration of land is core. Then, to improve the ability to resolve disputes in rural basic areas, the author will complete the implementation of other systems.