A Study On The Function Of Dispute Resolution For Easement Of Real Estate

With the development of the economy, more and more easement problems appear. It is difficult to solve the easement dissension satisfactorily, because the legislation and justice are imperfect. Harmonious easement plays an important part in the harmonious society. Hence, it is significant to research on settlement mechanism of easement dissension.The author finds that current scholars study more on the levels of theory and legislation, referring a little to judicatory. Because they think it is the imperfect legislation and inoperable law that make it difficult to solve the easement dissension. Judicatory is not the only way to solve the easement dissension, especially easement styles changed rapidly with the utilizing of real property in the present economy circumstance. It is not relied just on the legislation and judicatory to solve easement dissension, but an integrated mechanism that is basis on the mature legislation,fair judicatory,strong administrate and social mediate. Moreover, administration and social mediation play a great role in the settlement of easement dissension, especially in rural areas. So, we can study on the other side.To research on how to solve the easement dissension successfully, the author adopts the legal sociological research methods, literature analysis, comparative research method, demonstration and normative research methods. And study on the actuality of the settlement mechanism of easement dissension through the theory analysis and demonstration to ensure a system to solve the easement dissension. Outline the whole mechanism through the theory and investigate research. It includes four levels which plays different roles: substantive legal norm is the foundation; social mediation is the main means; administrative mediation is the important channel; judicatory is the ultimate protection. The author found the most vital problems in each level and try to figure out the way to solve them.