Study On The Dispute Settlement Mechanism Of Compensation For Land Requisition In Urbanization

Compensation of land-levying dispute presently is a very hot topic, as the urbanization goes in further, cases on the dispute of compensation of land-levying are grown and shown in variety and complicated state. The existing mechanism for the dispute settlement has been sufficiently developed for decades, and the accomplishment is huge. Various mechanism for dispute settlement has been enacted for administrative litigation, administration reconsider, complain letter and visit etc.. However, these types of settlement mechanism are separate and independent. They are less associated with one another, unlikely to form a joint force, and become less qualified to meet the practical need for settlement of the cases on compensation of land-levying. This article is grounded on the urbanization perspective, analyzes on why there are cases involving compensation of land-levying frequently happened at the current stage of urbanization process and analyzes on the settlement status as well, by taking the observation on the existing types of mechanism for settlement of compensation of land-levying dispute and on its concrete functioning as base, it probes into how to construct the multiple style of mechanism for settlement of compensation of land-levying dispute in the process of Chinese way of urbanization.First section is the preface. Mainly it introduces the dispute of compensation of land-levying and the mechanism for settlement of the dispute. Observe on the relationship between levy or expropriation and land-levying, brief the defining of battery limit of mechanism for settlement of compensation of land-levying and brief its background for research and its current development state. In the end, it describes the research method, objective and its significance for the settlement for the compensation of land-levying dispute at the current stage.Second section mainly describes the dispute involving compensation for land-levying in the process of urbanization. In the first place it analyzes on the definition and features of urbanization, and according to urbanization perspective it defines the basic battery limit of the land-levying compensation dispute, and also it analyzes the features of the land-levying compensation dispute that under urbanization perspective. This section mainly probes into the reason why the land-levying compensation dispute are frequently happened in the process of urbanization, and the different features they have shown comparing with the past cases, subsequently reviews on the settlement state of the existing compensation for land-levying dispute, therefore it draws an initial summary about the significance involving the settlement of compensation of land-levying dispute.Third section is about the settlement mechanism for the compensation for land-levying dispute and about how it works. In the first place, it analyzes one by one on the types of settlement mechanism for the land-levying compensation dispute, defines the concrete analysis scope of the settlement mechanism for the land-levying compensation dispute; in the next place, it analyzes the various factors and the assessment standards which have impact on the selection of the settlement mechanism for the land-levying compensation dispute, probes into the lurked factors that affecting people's selection on the various types of settlement mechanism for the land-levying compensation dispute, and also probes into what standard they applied to for evaluating good or bad of one settlement mechanism; in the end, it mainly selects several types of settlement mechanism such as administrative litigation, administration reconsider, letter-and-call and administration mediation, which are most common types and it proceeds the concrete research on them, observes on how they work and the problems they have exposed in the land-levying compensation cases under urbanization process, so as to provide the prerequisite research for how to improve and develop the mechanism to be more complete and by basing on which further more construct the multiple style settlement mechanism for the land-levying compensation dispute that with Chinese urbanization features.Fourth section is the last part of article, which is grounded on the above context, and further more researches for the multiple style settlement mechanism for the land-levying compensation which adapts to Chinese way of urbanization. In the first place it describes the basic path and several rules which must been followed when constructing the multiple style of settlement mechanism for the land-levying compensation dispute, and it considers that principle of harmonized society must be implemented for constructing the multiple style settlement mechanism, and must comprehensively take into consideration of the government's and people's interest, keep on the Chinese way of urbanization, also should follow the principle of "exhausted administrative remedy" and judiciary domination. In the next place, it probes into the concrete measures for constructing the multiple style settlement mechanism for the land-levying compensation dispute. With basing on the analysis on the vice of the existing settlement mechanism it considers that improvement of the administrative litigation system, and reformation of the letter-and-call system and reconstruction of administration-reconsider system are necessary. In the end, to construct the multiple style settlement mechanism for the land-levying compensation dispute the new settlement mechanism must been develop as well, creatively research on aspects such as reconciliation for administration litigation, mediation for administration litigation, land arbitrate and prevention mechanism for land-levying compensation dispute etc.