Build A System Of Rural Land Contract Disputes Arbitration Legislation Thinking

Since China's rural land contract system, more and more land contract disputes, but China has not yet established a unified rural land contract dispute arbitration system, adopted in 2002, the "People's Republic of China Rural Land Contract Law" for the first time defined the arbitration is resolved rural land contract disputes one of the ways. Contract disputes in rural areas in order to practice the spirit of the arbitration, in accordance with their local areas based on the actual circumstances, the establishment of the rural land contract dispute arbitration body, the promulgation and implementation of specific rural land contract disputes to arbitration or regulations. However, the existing local contract dispute arbitration system in rural areas, there are many problems, the rural land contract disputes to arbitration as a new arbitration system, there are many theoretical and practical issues worthy of in-depth study and research.This paper is divided into two parts, the first chapter of rural land contract disputes to arbitration legal analysis, Chapter II, the rural land contract dispute arbitration system design.First Chapter 1 of rural land contract disputes to arbitration the legal nature of the analysis, the first quarter of rural land contract is the legal nature of arbitration disputes, first of all pointed out the rural land contract disputes to arbitration civil attributes, such disputes to arbitration in nature is a special kind of civil arbitration, rather than the arbitration. Then, the rural land contract disputes to arbitration quasi-judicial, and should not be arbitration as an administrative law enforcement approach. Then discussed the rural land contract disputes, arbitration and litigation of rural land contract disputes relationship to the relationship between the two is "or CD or v.", and not by the arbitration body, "a Conference final."Section II discusses the rural land contract disputes the scope of the arbitration, including the right to operate the rural land contract disputes in the rural land contract management rights transfer disputes, the right to operate the rural land contract infringement disputes, land disputes to the contract, the five land compensation dispute Class disputes.Section III discusses the rural land contract disputes to arbitration principles, including the principle of autonomy, uphold the principle of giving priority mediation, fact-according to the law as the yardstick, and the principle of the independence of the arbitration.Chapter II of this paper, from several aspects of rural land contract disputes to the arbitration system design, including the Rural Land Contract Dispute Arbitration Committee, the rural land contract disputes arbitrator, rural land contracting parties to the dispute to arbitration, and arbitration fees of four parts, to establish and improve the rural land contract dispute arbitration system.Also, the final drafting of a "rural land contract arbitration law," From the legislative level, the establishment of a fair and efficient arbitration proceedings in the country's rural land contract disputes and the establishment of an arbitration system in the development process put forward their own ideas.