Research On Classification And Settlement Of Land Disputation In Rural Area

The problem of"agriculture"is primal problem of current Chinese society, a cardinal task being to be related to social stability and future development. The rural area problem is very complicated; it is not some one aspect problem, but one kind of the system engineering problem. The rural labor changes in these problems including that the peasant obtains employment, rural area community construction waits a minute. Then, rural area land problem is hit by at ease also in this system engineering. The main body of a book is moved towards with a aspect of pair of rural area land problems, is that rural area land disputes solving is machine-made give investigation and discussion.The main body of a book text is four parts mark:Part I is type-relation rural area land disputes analysis. Introduce two content mainly in this part: That the first type-relation analytical premise , the connotation and this development of research method introducing type-relation research method mainly in here trajectory, explain that type-relation research method is that the researcher concentrates an implement on modern society capital altitude , what be found one kind of new analysis studies under gradually complicated condition of social problem, is one kind of knowledge of social environment , studies society's comprehensiveness analyses an implement. Two is type-relation analytical significance, go into ought to apply to rural area land disputes since type-relation research method is that one kind of brand-new comprehensiveness studies an implement. This lesson expounds mainly in rural area land disputes, wields type-relation the necessity analyzing an implement and feasibility. Pass investigation and discussion, demonstration to necessity and feasibility why the main body of a book need to choose the problem wielding the land disputes coming to study rural area type-relation research method.Partâ…¡Classifies in order the type-relation standard of rural area land disputes draws. This part introduces content in two aspects mainly: Once be a type-relation partitioned rural area land disputes standard, the standard , standard carrying out the scholar partition studying according to self research visual angle has brought forward self respectively on rural area land disputes are a little bit messy. Basis studying in preceding scholar of summary is listed in the main body of a book, plus self thinking, is brings forward self partition standard: Rural area land disputes character draws at present legal rules. The type partition establishes a basis for rural area land disputes. Two is rural area land disputes classification, the main body of a book is held according to type-relation partition standard, being wanted the marriage partner rural area land disputes partition studying by three kind's types: Rural area land weighs up the category dispute, the rural area land contract dispute, the agriculture field expropriates a dispute. Structural drawing structuring self rural area land disputes like this, right away, machine-made research provides help to rural area land disputes solving.Part III is that corresponding rural area land disputes type solving is machine-made. Introduce content in three aspects mainly in this part: Rural area land right category dispute solving is first machine-made. Can discover the dispute resolving this kind in regulation solving by the fact that current laws belongs to a dispute to rural area land right in this one section, legal rules carries out administration adjudication first, and then enters an administrative lawsuit again. To law solving to this kind dispute, way holds the main body of a book agreeing with an attitude. By the fact that the community hitting the target moving forward and withdrawing from to country authority in rural area, come to expound and prove country administration authority getting involved in rural area land belong to dispute rationality and necessity temporarily. Two is that rural area land contract dispute solving is machine-made. Character because of rural area land contract dispute, this kind dispute can pass various approach additionally solve, including consulting, mediating, arbitrating, legal action. The main body of a book also successively resolves way with regard to these disputes additionally discuss that, but the main body of a book think, in the dispute resolving this kind, way mediating or arbitrating main part should become the dispute resolving rural area land contract. The main body of a book is mediated also by right of that weight has introduced that and arbitrates this two kind's way. Mediation being hit by, being emphasizing various main body participation in mediation, for instance, the village head, the village shift a meeting, the race is hit by the mediation that the elder of a Buddhist monastery, the countryside level government participate in, strives for the dispute dodging to happen in grass-roots unit, solving within grass-roots unit range. In the arbitration, emphasize superior or inferior rank discussing that "the PRC rural area land contract operation dispute promulgating newly mediates Arbitration Law's" correct rural area land contract dispute effect. By investigation and discussion to character of current our country rural area society, rural area has been one and a half acquaintance society " , this unique social nature has establish a basis for the dispute mediating or arbitrating in rural area land contract brings the main effect into play. Three are that the agriculture field expropriates a dispute's resolve mechanism. The legal rules solving about that this is similar to a dispute is no perfect, and very messy. Come the main body of a book to be resolved thinking that this kind dispute passes contentious procedure mainly. By the go into that system develops to our country rural area land, under the effect being able to know proper our country landownership system and here system, the agriculture field expropriates the process complexity. Self strength directs on such, society being similar to the possibility that the dispute at all does not digest here, the way being able to only pass country legal action solves.Part IV is commented on for spare time, is explains that any consummate system designs, and reaches all impossibly the purpose being efficacious forever mainly. The mechanism rural area land disputes is resolved is that can part in the system engineering resolving a dispute, it produce a marked effect only, how old to gives full scope to or, wants to depend on relevance system improving and perfecting, Bi Run too: The law improving and perfecting, rural area social security popularizing and quality of various staff member wait.The main body of a book expounding by all above four parts, comes to describe current our country rural area land disputes current situation, as well as our country law checks rural area land disputes regulation, and the viewpoint expressing the main body of a book at present: Unique national conditions and rural area land system, have produced proper rural area land disputes. Different rural area land disputes relates to the different from benefit main body, resolves way specifically for these different rural area land disputes will adopt diversity's. By analysis and investigation and discussion to rural area land disputes, solving perfecting relevant our country rural area land disputes is machine-made , community construction and development bring forward the idea having constructive to new rural area...