Research On The Judicial Relief System Of Chinese Land Collection

With the quick urbanization in our country and the rapid development of market-oriented economy, the collective land in rural areas is levied massively. Land, the non-renewable scarce resource, increasingly shrinks. The number of landless peasants is increasing. The land collection dispute is getting increasing because the legal regime of land collection is not perfect yet. There exist various conflicts when collecting the land. Therefore the colony event brought about the land collection becomes the hot spot. If it is not handled properly, it is bound to affect the stability and development of rural areas, block the modernization of China's rural reform process, and impact the construction of a harmonious society. At present two ways are employed to solve land collection dispute: the administrative relief and the judicial relief. The judicial relief has the right relief and the authority restriction when land collection dispute are involved, which provides the protection of rights and interests of farmers. At present the judicial relief is the most authoritative legal mechanism, and the most efficient way to solve the land dispute.In this paper, the researcher has carried on an analysis of the problems and reasons of the land collection judicial relief system, and proposed measures of improving the judicial relief system of land collection, such as the establishment of perfect laws and regulations concerning land collection, the reasonable allocation of the judicial power and the executive power, and promote reform of the judicial system. The researcher further analyzes the ways to improve the compensation for land collection disputes in judicial relief distribution system. The development and perfection of the system is a gradual process, through research on the subject, the researcher tries to find ways to improve and perfect the system of land collection judicial relief, effectively protect the status of the peasants, promote the stability and unity in rural areas, and to promote the harmonious development of our society.