Land Requisition Compensation Dispute Judicial Settlement Mechanism Research

In recent years, with the rapid development of social economy, the land that is one of the scarce resources has become a common social problem. The land management law and the property law have already defined the legal rights form of land. These two laws also offer the important legislative authorities of the land rights. However, the relationship of Chinese land rights is complicated. At the same time, the related systems have deficiencies. The deficiencies are reflected in the juridical practice, for example, the disputes of the Land requisition compensation are increasing sharply in various regions. In the design framework of existing Land requisition compensation system, judicature, which is the last defense of the protection of the rights, faces great difficulties. This thesis takes Chongqing for example. In order to conduce to reform and improve the judicial solution mechanism of the land requisition compensation disputes, it researches the judicial solution mechanism deeply and systematically. The research starts from the problems and bases on the idea that is to discover the problems, to analyze the problems and to solve the problems. This thesis is divided into four parts. The first part is the summary of Land requisition compensation disputes and the settlement mechanism. The second part is the current situation and problems of Chinese judicial solution mechanism of the land requisition compensation disputes. The third part is the current situation and experience of the judicial solution mechanism of the land requisition compensation disputes in England and Taiwan. The last part is about setting up the land court, which is the new way of the judicial solution mechanism of the land requisition compensation disputes. The main structure of the thesis is as following.The introduction emphasizes introduction of the selected topic basis, the research contents, the research method and the main ideas.The first part defines the land requisition compensation disputes and the judicial solution mechanism. By analyzing their characteristic, this part summarizes the fundamental type of judicial solution mechanism of the land requisition compensation disputes.The study of the current situation and problems of Chinese judicial solution mechanism of the land requisition compensation disputes takes Chongqing for example and inspects this judicial solution mechanism by analyzing Chinese current judicial solution mechanism of the land requisition compensation disputes. At the same time, according to the lawsuit mechanism of the land expropriation compensation disputes and the litigation system, this part analyzes the defects of the current litigation mechanism and the imperfection of the litigation system.According to the related the land requisition compensation law, cases and existing research data, the third part introduces the current situation and experience of the judicial solution mechanism of the land requisition compensation disputes in England and Taiwan and summarize the experience of their current litigation mechanism and the litigation system.The last part expounds the property of land court, terms of reference, adjudication rule, the judicial personnel and the litigation system of the land requisition compensation. At the same time, this part discusses the practicability of setting up the support and security system, the settings of action routine, and the land court briefly.The conclusion summarizes the research synthetically.