A Study On Resolving The Rural Land Disputes

Land resources is a special form of natural resources, which is the polymer material forms of energy information and following the laws of nature as a self-system as a whole. Land resources is bound to have multiple use and multi-channel and may be damaged or value-added for human. The content of land resources beyond the control of human beings, including the scope of the law. It is ultimately to be reflected in form of resolving the dispute of rural land. The dispute of rural land is contradictions and conflicts between different land interests of the principal part. It is often due to the economic interests of land of different demands and contradictions of the system design and confusion of management.There are complex reasons for the dispute of rural land. Many rural land disputes are reflecting the major practical problems, hidden from view of the departure and coupling between the human's land-use and land system and the steady-state operation and conflict among instrumental reason, valuable reason, formal reason and virtual reason. With the development of urbanization and industrialization, human's land use makes agricultural land into non-agricultural land increase. It is forming a group of contradictions between agricultural land making into non-agricultural and farmers'indemnification for interests of land. On the one hand, more and more agricultural land is made into non-agricultural land, but on the other hand, the farmers have more localized transformation but not have to become urban inhabitants.In such circumstances, human's land use and land system the greater the deviation from the steady-state operation, the strumental reason and valuable reason for more conflict, the formal reason and virtual reason less compatible, more intensification of land disputes.As the goal of human rational use of land, this thesis understands the nature of point of land disputes, from a rational system of land under land use and the influence of the cognitive processes and exploring the land resources integration and systematic.This thesis have a study on ancient cases of rural land disputes in China. In ancient China, it is difficult to resolve land disputes after a long time for ancient China-related cases. In history, this land ownership has become definition of effective, because of land tenure and administrative authority supporting such a large number of various social mechanisms of the judicial hearing aids, which makes this complex of the rural land disputes in a specific spatial and temporal scales can be relatively calm and recessive.In ancient China, it is a tradition to resolve rural land disputes in mediation,which showing the diversity and convergence characteristics. Ancient China's rural land disputes settlement mechanism, after many years, that principles and specific operational mechanisms have great vitality, and some essence of settlement mechanism use for reference today.This thesis have a study on the status of interpretation and the cause of the rural land disputes in China's contemporary era.The cases of rural land disputes are explosions of litigation, shown a growing number of cases,very difficult for judicial evidences and often in situations for the conclusion of the cases, which are very damaging to the construction of a harmonious society. If we taken the situation down to simple contemporary urbanization and industrialization, the consequences of this series obviously could not reveal the substance of the characteristics of generation. The cases of similar resolve way have appear before China's contemporary era. The difference is only performing more gathered for protruding. Thus, with the current diversification of land use, the changing frequently land ownership, the larger changes in the interests of all parties, as well as the conflict of industry-oriented culture of industrial farming into agriculture-based culture, the present situation is predicament.With high-speed developments of China's social and economic and urbanization and industrialization process forward, the negative effects have led to the frequently transfer of land ownership and transfer of the involved for interests of diversification and expansion of surface. On the one hand, the land resource use may be have multiple choice, on the other hand, land use patterns and nature may be take the land system itself uncertainty in ownership,which is very damaging to the original material and energy flows. China's contemporary era is just the nature and patterns of land use and the choice of the growing diversity and complexity. It become a major feature of rural land disputes that we make the original in a hidden no-clear land ownership to define domination. With developments of modern science and technology for changing the nature of man-made may be increased of land resources,the contemporary division of labor and social development and refinement of land use patterns and accelerate the diversification of the nature, the past half-century of Chinese laws relating to land ownership policy provisions of many changes, these causation often has become larger caused by the land system and the possibility of deviation from the eco-system. Owners and users of land resources have make greater efforts to artificially modified much wider range of land, which is caused by the complexity of modified and more obvious. It is take into a prominent social issue today that inevitable consequences for the performance of the original is hidden but not involved in the brewing of infringement, and to resolve the rural land disputes concentrated exposed in specific cases.This thesis have a study on that land system is the natural and social attributes of the complex in depth. In ancient times, the resulting in non-conflict is not prominent or hidden because of its land use is relatively simple and stable. But in contemporary era, especially in contemporary China, it is to intensify these contradictions and conflicts.Although the reasons for their particular times and specific regulatory mechanism of the lack of other reasons, it can not be ignored because of the important issues to deal with rural land disputes in the land of the lack of understanding of the system. The existence of a systematic land resources and operations, not only for the continuation of human social cognition and the text of the expression, but also the law will be brought about by institutional arrangements and culture.On the basis of understanding, this thesis stresses that laws and policies of land need to adjust for the details of countermeasures in order to make better resolving way for rural land disputes in contemporary China, such as the relevant legal regulations, public policy choices and culture.In the aspects of legal regulation, firstly, we should emphasize that the relevance of the agricultural land legal regulations system, and strengthening land use control and land use planning of the agricultural land of the specific regulation of the legal system construction and the number of agricultural land in the importance of regulation based on more concerned about the quality of agricultural land and ecological aspects of the legal system building regulations and judicial and administrative practice and implement. Secondly, we should emphasize to strengthen the right to operate the land contract system, as well as focus on the rural land contract and the right to operate the legal system of arbitration of rural land disputes ownership dispute with the Chinese legal system, mediation of construction and improvement. Thirdly, we should make draft legislative proposals of the" Regulations of the People's Republic of China on the Protection of the quality of agricultural land" in physical dimensions, and" Regulations of the People's Republic of China on the land ownership disputes mediation" in procedures.In the aspects of public policy, we should emphasize on public policy options to resolve land disputes in the interests of all parties' demands of early warning, regulation constraints, the interests of the main coordination mechanism for expression of interest to build and improve, as well as land-loss compensation and support measures, social security, construction and choice of public policies. In the aspects of national culture,we should emphasize the ecological values, also stress that a good national culture in the maintenance of steady-state extension of premise, drawing on various ethnic groups to resolve land disputes in the experience and intelligence, and carrying forward to the national culture to fully exploit the land resources owned by use and maintenance of the knowledge and skills through its systemic analysis. These will effectively deal with the plight faced by the land dispute in China.