Research On Land Taking Disputes Resolution Mechanism

With the accelerlating process of urbannization,the public-private law disputes because of land taking are becoming increasingly prominent. Land taking disputes are a microcosm of the public and private law disputes.Land disputes, specifically refers to the conflicts of interest of the Government in the use of expropriation or requisition of the executive power between the various stakeholders. On the one hand, with the accelerated process of urbanization, the number of disputes is growing in China's land area, which is highlighting that China's land dispute resolution mechanisms have many disadvantages. On the other hand, China's current land laws and regulations of the land taking dispute under dispute settlement mechanism is not only imperfect, but also reflects that the land dispute settlement mechanism has many problems. The existence of these defects and problems not only seriously undermined the legal rights of landless peasants, but also has a serious impact on social harmony and stability. The establishment and improvement of land dispute resolution mechanism is not only concerning the protection and relief of rights groups of landless peasants, but also related to people's livelihood and well-being lost. The author believes that the establishment and perfection of the land dispute settlement mechanism should proceed from our national real conditions. And the author also believes that we should open up a more effective solution to land dispute resolution mechanisms for the landless peasants on the basis of the improvement of existing channels of administrative review and judicial remedies. Because these measures can truly achieve the "Sunshine land taking ". This solution are of a great significance to the resolution of land dispute problems, the construction of a harmonious rural areas, security of landless peasants'livelihood and the building of social management system. Therefore, this paper firstly clarify the basic theory of the current land dispute resolution mechanisms to find the prominent problems which are the current land dispute resolution mechanisms facing. And then review and reflect the real state of the current status of land dispute resolution mechanism. Thirdly, bring forward the specific suggestions of building and improving of settlement mechanism in land acquisition dispute by the ways of analysis of two legal systems'advanced experience in land dispute resolution mechanism. These recommendations include:Firstly,take mass land taking legislation pattern instead of the scattered legislation pattern to prevent and reduce land disputes in the mechanism. Set up a comprehensive rule for land taking compensation and land taking compensation disputes after land taking in the land taking legislation pattern. And this will be of a great significance to receive the top priority of legislation and perfection of the future Land Taking Compensation Law. Secondly, establish a diversive land dispute resolution mechanism model to ensure the protection of the people's livelihood rights. Achievement of the greatest degree of diversification, must be a security to ensure andless peasants's livelihood.Here particular emphasis is to explore alternative ADR-led land dispute resolution mechanism to standardize and improve its use of land in dispute resolution. Thirdly,strengthen the supervision system of land law enforcement to realize the hevellment of right protection and power supervision. And the achievement that put the land administration under the sun will be an important aspect of concerning in the future land expropriation legislation. As to the future of land expropriation dispute settlement mechanism, we believe that our Chinese land expropriation will achieve "Sunshine land taking" through the improvement and enforcement of these initiatives.