The Study On Dispute-solving System In Land Acquisition In Contemporary China

With urbanization more and more land need to be expropriated, which hasinevitably resulted in large numbers of disputes and contradictions. Although,departments concerned have realized such disputes and contradictions andcorrespondingly taken a series of measures, what is regrettable is that thosemeasures and regulations have proved less effective than expected ineliminating social contradiction. The following three facts may account for theunsound dispute-solving system for land acquisition: firstly, lack of guidingideology; secondly, drawbacks in relevant systems; thirdly, insufficienttheoretic and practical study. To solve disputes in land acquisition and realize“harmonious society”at an early date, we must perfect dispute-solving systemfor land acquisition.Dispute-solving system means all kind of measures, procedures andmechanisms that proved effective in solving various disputes andcontradictions between parties concerned. Ways to solve disputes in landacquisition could be categorized into two major types: one is to throughlitigation means such as civil action and administrative litigation and the otheris to through non-litigation means such as coordination, conciliation, mediation,administrative reconsideration and others. Starting from basic conceptions ofland acquisition, the author divides disputes in land acquisition into differenttypes based on different judging standards and generalizes the characteristics ofdisputes in land acquisition as diverse in causes, complex in main body andcomplicated in social Influences. Starting from the unsound dispute-solvingsystems, the author proposes that in perfecting dispute-solving system for landacquisition, we should follow the principle of right restriction, procedurelegitimacy, right guarantee and systematism. Also, starting from establishingintegrated and systematic dispute-solving system for land acquisition, the author believes that we should not only analyze the application scope ofdispute-solving ways and their defects, but also make research oninterrelationship between various dispute-solving ways.To establish dispute-solving ways on the whole and to make deep analysesinto specific ways, as put forward in this article, reflect the logical thinking ofcombining parts with the whole. Researches on the types of disputes in landacquisition, generalization of characteristics of disputes in land acquisition aswell as the principles to be followed and measures to be taken in perfectingdispute-solving system for land acquisition, as stated in this article, are all forone intention that is to solve various disputes exist in land acquisition andavoid social contradiction and conflict.