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Issues Of Mediation Of Rural Land Contracting Disputes

Posted on:2013-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:Q Z XuFull Text:PDF
GTID:2246330374472327Subject:Environment and Resources Protection Law
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Since ancient times, Agriculture occupies important position in China, so the land is not only thefundamental material of the economy development, but also guarantees the farmers’ lives anddevelopment. Based on the importance of agriculture, the central government attaches greatimportance to the development of agriculture, and makes all kinds of policies and urges thegovernments at all levels to implement the polices to enrich peasants’ incomes and benefit. Thesepolicies raise the farmers’ enthusiasm to sow the land and more recently the influence of externaleconomic situation, large numbers of farmers quitted their jobs in the cities and went home to sow theland, so the demand for land increasingly grows, which has caused land disputes rising year by year,involving land disputes in the case of land contracting. The settlement of disputes is the vital to theinterests of farmers, if the disputes processing will trigger a complaint, petitions, more very personwill trigger a group events, directly affect social stability and the construction of a harmonioussociety.In this paper, the author went to the fields of hometown to conduct a survey, trying to understandthe current situation of land disputes and mediation. The author has used two social investigationmethod, for example interview and questionnaire, which highlights the characters of target andgeneral situation. According to the data getting from the: in the land contract dispute cases, nearly70%of cases is through the mediation to solve. Therefore, the land contract dispute mediation systemhas played important role in solving the contracted management of rural land disputes. This paper willbase on the investigation data of the rural land contracted management of disputes and mediationgetting from research and presents situation of analysis, in order to consummate the mediation of ruralland contracting dispute.This paper is divided into three parts:The first part of this paper analyzes the basic theories concerning the mediation of the rural landcontracting dispute. This part mainly introduces four aspects: the first is the definition andcharacteristics of the rural land contracting dispute and the analysis of its causes. In this part itintroduces which kind of disputes belongs to the rural land contracting disputes. Based on the analysisof the characteristics of the dispute and the reasons, the author analyzes the nature and features of the mediation of the rural land contracting disputes in the second part. In the third part introduces thebasic principles and process of the mediation of the rural land contracting disputes. In the fourth partintroduces the historical reasons of choosing the mediation to solve the rural land contracting disputes.The author thinks that choosing the mediation to solve the rural land contracting disputes in China hasits deep realistic and historical reasons.The second part of this paper analyzes the current situation of mediation of rural land contractingdisputes. This part mainly introduces two parts: the first is changes of the mediation concerning ruralland contracting disputes. With the establishment of mediation system, in the history as the importantmeans of settling disputes it has been changing. The second part introduces the status quo mediationof rural land contracting disputes. The third part analyzes the problems of mediation in China.Through interviewing and questionnaire the author has found the problems of mediation of rural landdispute m, such as the lack of justice of the village committee mediation.The third part is the contracted management of rural land dispute mediation consummation. Inthis part of main introduced four areas: one is to improve the mediation personnel’s quality, ensure theintegrity of the mediation.
Keywords/Search Tags:The rural land contracting disputes, Mediation, The present situation, Perfect measures
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