A Study On The Function Of Court In Land Dispute Settlement

At present, China’s land expropriation dispute is continuing, the reason may lies in our scattered country legislation. The legislative intention is inclined to the government management of land resources, not constraints of government expropriation behavior and maintenance of the interests of citizens. In the land expropriation dispute resolution, procedures for judicial relief are not only difficult to start, but also it is high cost and low efficiency, which make it difficult for the landless peasants to win a lawsuit. Even winning the case, it is hard to restore to the original state and protect the rights of landless farmers. Finally, the court’s dispute resolution function is not fully to play.This article embarks from the court function in the land dispute resolution. According to the relevant cases, it shows the problems that affect the court’s dispute resolution function. Then, I analyze the reasons and draw lessons from the Western court land dispute resolution function. Finally, I advise that the court function should be relocated in the land dispute resolution.This article is divided into four parts. The first part is according to the relevant case that affects the court’s dispute resolution function, which it shows the problems of court function in the land expropriation dispute resolution. The second part is that the court function ought to be regulated in the land expropriation dispute resolution, then I analyze the Western court function in the land expropriation dispute resolution, finally I compare the difference between the two. The third part is the analysis of the reasons that affect the court’s function in the land expropriation dispute resolution, which is divided into external factors and internal factors. The fourth part is to relocate the court function in the land expropriation dispute resolution. From the court further clarify their own position, judicial control administrative power, strengthen procuratorate supervision functions and improve the public interest litigation system, I put forward my suggestion.