Research On Dispute Resolution Mechanisms For Land Contract Management Rights Transfer Market

With the in-depth development of the market economy and acceleration of the pace of urbanization in rural areas, Land contract management rights transfer disputes that hidden originally is increasingly showing the characteristics as follows, groups, complexity, small response measures and ect. The land is not only "life insurance field" of framers but bear the burden of the national food security. Social stability and harmonious development is guaranteed only if the effectiveness of land is improved, the land rights of farmers is maintained and land disputes is resolved fairly and efficiently. Land contract management rights transfer comes into market economy from a planned economy and the original dispute resolution has been unable to fully meet the needs of the development of the situation, and must be reformed as soon as possible. Weak effect of the litigation explosion and non-litigation dispute resolution is the outstanding problem of building land contract and management rights transfer market dispute settlement mechanism. The paper puts the resolution of this issue as the main line, puts the transfer of the right to land contractual management market concept as the starting point, and trys to explore a dispute resolution mechanism in line with China’s national conditions of the land contract and management rights transfer market by analyzing and learning from foreign land transfer dispute settlement mechanism based on the analysis of land contract and management rights transfer market disputes.The paper consists of five parts. The first part is the definition of land contract management rights transfer market. The chapter first analyzes the concept of land contract management rights transfer market, stresses the important role of the market rules in the land contract and management rights transfer market, then explores the characteristics of it. The last one, it addresses the current situation of it in detail, points out that the establishment of the land contract management rights transfer market has achieved some success, but regional development is very uneven, and presented a weak market phenomenon.The second part tells the story of land contract management rights transfer market disputes and its causes. The article first analyzes the meaning of the land contract management rights transfer market disputes and points out that nature of the dispute is the uneven distribution of benefits. Then, it amalyses the characteristics of the land contract and management rights transfer market disputes, and the complexed characteristics is because of season and group, and makes it difficult to deal with. The last one studys the reason of land contract management rights transfer market disputes from five respects:grass-roots organizations exercise of powers illegally, the transfer of the contract entered into non-standard, unknown ownership, policy adjustment and confusion of existing legislation.The third part is the status quo of China’s land contract management rights transfer market dispute resolution mechanism. It introduces three way to resolve disputes: arbitration, mediation and litigation, in which arbitration is the core of it. Firstly, it introduces the current situation of arbitration, and points out the advantages and disadvantages of the way of dispute resolution after talking briefly the meaning of arbitration. Secondly, it introduces the situation of mediation which is the dispute resolution most widely used way and has a lot of things in common with arbitration. The last one, it talks litigation situation. Althouth litigation is complexed and costly,the status of it as the most important mode of dispute resolution is unshakable.The fourth part is situation and enlightenment of foreign land transfer market dispute resolution mechanism. It first investigates foreign disputes settlement mechanism practice for instance the United States, Britain and Japan, then finds out that non-litigious dispute resolution is widely used in foreign countries, and becomes the main method of resolving litigation explosion. In addition, it identifies the gap with foreign countries and summarized the experience of enlightenment Construction of the land contract and management rights transfer market dispute resolution mechanism.The last part is recommendations to improve our land contract management rights transfer market dispute settlement mechanism. At first, it stresses the important role of grass-roots government in building a land contract and management rights transfer market dispute resolution mechanism and proposed that government in rural land contract and management rights transfer market should bear the responsibilities-to play the roles of supervisor, guide and service. Secondly, it presents that in order to strengthen effective convergence of mediation and litigation, two ways are necessary as follows, modify standards of court does not confirm the mediation agreement and introduce mediation into the course of processings. The last one, it proposes the change courts of review of arbitral awards based on the limitations of arbitration.It has proved in practice that si ngle mode of dispute resolution has not effectively solve the increasingly complex conflicts and disputes. I hope that through the effective interface of the existing dispute resolution, integration of social resources is achived and make some contribution to improve the land contract and management rights transfer market dispute resolution mechanism.