The Study On The Rural Land Ownership Dispute And Resolutions

Agriculture is the base of the development of national economy, and land is the base for the development of agriculture. To develop agriculture, to stabilize the rural areas and to enrich farmers, the fundamental problem needs to be resolved is land. In recent years, with the development of science and technology, the progress of society, and the growth of rural population, people’s demand for land resources and its use patterns is increasing, which lead to various contradictions and conflicts that are becoming more evident. The rural land resource has been more and more serious threatened. Rural land ownership disputes are the outstanding problems in the work of land. Rural land ownership disputes in China have a special complexity, showed both on technical difficulties on factual level, institutional confusion in legal aspects and even the tortuous course and heavy burden of history.Based on the analysis in the concept of rural land ownership disputes, characteristics and forms, the article discussed the causes of land ownership disputes in rural areas and the existing solutions of these disputes. The article proposed the views and suggestions in improving the rural land ownership disputes in terms of solutions by learning the advanced foreign experience in solving the disputes. The article is divided into the following areas:Firstly, for the meaning of land ownership disputes. This article adopted the narrow conception which has been approved in practice. On the basis of defining land ownership disputes, this article made a difference between land ownership disputes and other disputes which are related to, and proposed the concept of peasant land ownership disputes, that is, the dispute of ownership and the right to use in rural areas.Secondly, through the legal analysis in the rural land ownership disputes, I believe that the legal nature of rural land ownership disputes is dualistic. It is mainly showed as civil disputes and administrative disputes. It is not scientific to think alone that the legal nature of rural land ownership disputes are civil disputes and attempt to resolve them through civil proceedings.Thirdly, based on the theories of policy, economics and law to analyze the cause of rural land ownership disputes. It specifically showed that the ever-changing land policy and land property rights system are the reasons for the deep to generate rural land ownership disputes. Economic factors are the driving force to generate rural land ownership disputes. Lack of land legislation, land registration and management confusion, and the lower quality of the masses are the direct causes of rural land ownership disputes.Fourth, existing solutions of rural land ownership disputes include consultation, administrative decisions and administrative proceedings. This article proposed ways to resolve the limitations of them by analyzing the existing solutions of rural land ownership disputes. There are a variety of specific circumstances in rural land ownership disputes and various causes, therefore, which solution is used as the best means of settlement is needed to be analyzed as specific issues, and the three solutions should be used flexibly.Fifth, the article proposed the inspiration of the solutions of rural land ownership disputes for our country on the basis of both domestic and foreign advanced experience of rural land ownership disputes and the analysis of typical patterns in parts of our country. Finally, the article proposed the basic principles of the establishment of rural land ownership disputes and the improvement of the existing land ownership disputes solutions. The main proposal is building a wide range of dispute resolution. While in improving the three solutions of the consultation, administrative rulings and administrative proceedings, the introduction of the arbitration system and the administrative petition system are proposed to the solutions of rural land ownership disputes. In addition, the land registration system and land property rights system and other related supporting measures should also be improved.