Research On Arbitration Mechanism Of Countryside Land Contract Management Disputes

Rural land is the production and livelihood security of farmers’ most basic, howto protect the peasants’ land contract management right, is the cornerstone of the newrural development policy. In recent years, with the introduction of the preferentialpolicy for the farmers, the value of the land beginning to rise, farmers paying moreattention to the land, rural land contract disputes will be increased. Rural land contractdisputes are different from the ordinary civil and commercial disputes, because theyhave complex causes, and if we not handled properly, a lot of social contradictionswill happen. In order to resolve the Rural Land Contract Disputes promptly andimpartially, protect farmers’ land contract and management rights effectively, andensure the rural social stability and development, The Rural Land Contract DisputesMediation and Arbitration Law came into being. Taking into account the complexityof the causes of the causes of the Rural Land Contract Disputes, in line with the actualsituation of China’s rural areas, the arbitration mechanisms of rural land contractdisputes is different from the ordinary civil and commercial arbitration in the systemdesign. It should be noted, the actual operation of the existing arbitration system ofrural land contract disputes has some problems in the system itself, such as: LandContract Disputes Arbitration located in the administrative arbitration; the interfacebetween the provisions of the arbitration, mediation and litigation is not clear;arbitration has proceeding trend; arbitration conditions are poor and other issues.In view of this, the thesis presents some recommendations of how to improve theRural Land Contract Disputes Arbitration system through the analysis of the operatingcharacteristics of the Rural Land Contract Disputes Arbitration system itself, thenature, advantages and disadvantages, which is based on the survey of the actualoperation of the Xupu Rural Land Contract Disputes Arbitration system in Hunanprovince. Moreover, the author in order to present a theoretical basis and policyrecommendation of how to improve Rural Land Contract Disputes Arbitration system,considering the interactive relationship between various dispute settlementmechanisms through comparative research, in order to form an organic system, inwhich the mechanisms have a positive interaction, functional complementation,procedural link, and become a convergent program in order to support each other. The thesis is divided into three parts.The first part discusses the basic theory of the Rural Land Contract DisputesArbitration system. Rural Land Contract Disputes Arbitration system is a uniquearbitration system in China, and it must be based on China’s specific nationalconditions, the nature and characteristics of the Rural Land Contract Disputes, whichlead to its differences and particularity from the ordinary civil and commercialarbitration system. This determines the Rural Land Contract Disputes Arbitration cannot simply follow the ordinary civil and commercial arbitration system to build thesystem. Rural Land Contract Disputes Arbitration has civil property, because thedispute happens between the equal civil subjects. But the legislation is provided as theadministrative arbitration, the author believes that this provision is unreasonable.The second part is a reflection of the Rural Land Contract DisputesArbitration system. The author read the historical data, communicated with thecontract farmers, investigated the actual operation of Xupu Land Contract DisputesArbitration in Hunan Province empirically. In the visit, the author found the LandContract Disputes were common, the land contract management was not standardized,due to the volatility characteristics of the land policy, it may have different policiesand regulations in different periods, resulting in a number of historical issues, and thedispute can not be resolved normally. Through the actual work situation analysis ofXupu County Land Contract Disputes Arbitration Commission, summed up thissystem has some advantages.The author proposes some suggestions for improvement,aiming of some problems of Rural Land Contract Dispute Arbitration system and theactual operation of it.The third part focuses on how to build an organic mechanism in which themediation, arbitration and litigation have a positive interaction, functionalcomplementation, procedural link. The type of axis of dispute resolution proceedingsof Seto Takao as an reference, that is, normative-situation and decisive-desirability,dispute resolution is divided into two kinds, that is, disputes which are resolvedaccording to consensus and disputes which are resolved according to decisions. Asfunction indicators, the finish of disputes, satisfaction, social effectiveness and cost are evaluated in the diversified dispute resolution mechanism of Rural Land Contractdisputes.Based on the comparative study of the three dispute resolution, we can seethe three dispute resolution have their advantages and disadvantages. Coordinating thethree dispute resolution is of great significance for the improvement of Rural LandContract Disputes Settlement Mechanism.