The Study Of Chinese Rural Land Contract Dispute Arbitrate Regulation

The rural land is the important material basis to maintain the human survival. Proper and scientific rural land contracting system is the basis of China's stability and development of the country. The implementation of rural land contracting system in China largely inspired the enthusiasm of the farmers and is conducive to the rural development. At the same time, more and more rural land contract dispute is cropping up. Although " Rural Land Contracting Dispute Mediation Arbitration Law of The People's Republic of China "implemented on January 1st,2010, rural land disputes in arbitration system is still immature." China Rural Land Contract Law of The People's Republic" published on August 29th,2002 expressly provides that the arbitration is an important means to resolve disputes in the rural land contract. April 30th,2004 and the" Emergency Notice Issued by the State Council on the Proper Resolving the Current Disputes in the Rural Land Contracting " published on the July 29th,2005 also stipulate that the arbitration is an important means to resolve disputes in the rural land contract. Later, many arbitration means and stipulate are promulgated and implemented in many places.such as "Contract Dispute Arbitration in Rural Hubei Province "approach by Hubei Province on May 28th,1996, "Pilot Project in Jilin Province Rural Land Contracting Approach to Arbitration" by Jilin Province on August 2ed,2006.But rural land contracting and dispute resolution is a new type of system after all, and there are many immature areas, also there are many theoretical and practical issues are worth to research and explore.The body of this article has six components, and the main contents contain:The first part is the introduction, this section includes origins of the study for the rural land contract dispute arbitration system the author for the rural land contract dispute arbitration system origins of the study, the initial exploration of the establishment of rural land contracting dispute resolution bodies by the China's scholars, and the ideas and innovations in the initial exploration by the author. The second part is about the development and solution of disputes of the rural land contract. In this part, the author elaborates mainly for the development of rural land contracting disputes, and the measure of reducing and avoiding disputes in the rural land contracting,and China's rural land contracting mechanism for handling disputes in the development status and drawbacks described in detail;The third part is the necessity of the establishment of rural land contracting system of arbitration dispute and feasibility analysis, in this part, the author profoundly analysis the necessity and feasibility for the establishment of rural land contracting system of arbitration dispute; the fourth part is the model design of China's rural land contracting and dispute resolution system, this part is the focus of the article, and also the innovative point The author design the model by the suitable scope of the rural land contracting arbitration, principles followed by the suitable scope of the rural land contracting arbitration, arbitration procedures of rural land contracting and dispute resolution bodies the establishment, reconciliation and mediation, arbitration awards, simple procedures such as China's rural land contracting and dispute resolution system.. Part five is the oversight by the Court of arbitration for disputes in rural land contracting. This part include the arbitral award of the contracting of rural land disputes in the courts,the withdrawal and refuse to enforce an arbitral award by the court ruling to revoke or remedial measures to implement. Finally, on the basis of the author's concluding, the author outlook the arbitration system in the future of the rural land contract dispute.