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The Arbitration Mechanism Study Of Rural Land Contract Disputes

Posted on:2011-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:H B HeFull Text:PDF
GTID:2166330332964490Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Continuous Land, as valuable non-renewable resource,is of great significance to human survival and development .China is a large agricultural country.Land is main resourses of food for peasants. After liberation, the new government implemented sub-field homemeasures.the Third Plenary Session of the 11th Central Committee formally established the household contract management based on two-tier system that combines management.And as basic rural land policy,it was protected by legislation.Before 2004, our farmers' farming efficiency was poor,and everyone did not attach importance to the land franchise .Since Central Committee of the Chinese Communist Party decided to Abolish agricultural tax and take measures of subsidy,the franchised land has present Life supporting functions for farmers.Throughout the country, land contractual management disputes are blossoming out.Solving the complicated land contract disputes, and maintaining social stability,Litigation is an important means of dispute resolution.But recent year ,its effect was exaggerated.in addressing rural land disputes ,it looked like powerless.Because of the Western system of ADR, arbitration, as a new dispute resolution has drawn people's eyeballs.And it connects with Chinese traditional conciliation which is proven by the experimental units,it can effectively resolve the land disputes in rural areas.In June 2009, "Rural Land Contract Disputes Mediation and Arbitration Law" has been implimented,and introduced a legal basis for arbitration, but only a small step out of China's arbitration system .China's arbitration system,and rural land contracting entity legislation has yet to be further improved.From the actual situation in rural areas, we focus on maintenance of rural land rights, dispute settlement mechanism to achieve a variety of interaction and cooperation.Based on the basic principles of convenience to people, it is necessary to resolve disputes more effectively with the porpurse of preventing the occurrence of disputes.Therefore,The relevant administrative departments of agriculture and arbitration disputes settlement body should form joint force, not only to resolve the dispute, but also to prevent disputes from occurring.
Keywords/Search Tags:Rural Land Contract Disputes, Arbitration Mechanism, Legislation and Enaction, Better and Practice
PDF Full Text Request
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