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Study On Mediation Evidence And Legal Effect Of Forest Tenure Disputes

Posted on:2014-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:L Y XuFull Text:PDF
GTID:2256330425950805Subject:Environment and Resources Protection Law
Abstract/Summary:PDF Full Text Request
China’s collective forest tenure reform has undergone several phases—the agrarian reformwhere peasants were encouraged to take over land and forest from landlords, the rural cooperativereform where forest tenure was given to rural cooperatives, the people’s commune where forestownerships belong to the collectives, the “Four Fixes” policy:a production team gets fixed labor,land, farm animals and implements, and the “Three Fixes” policy clarifying rights to forests, withan emphasis on mountainous areas, delimiting private plots and establishing Forest ownershipshave changed with different policies, which thus have made disputes over forest ownerships morecomplicated as times goes by. A range of reasons have left forest ownership cases unsolved andgradually turn into long-pending ones. a forestry production responsibility system in the earlyperiod of opening up and reform.Construction of forest rights dispute mediation the cognizance ofevidence rules is beneficial to clear the reform of collective forest rights, to perfect the legalsystem of forest rights dispute mediation, provide legal level of support for the forest rightsdispute mediation, has provided the safeguard for more effective implementation of forest right.This paper from the research background, research purpose and significance, domestic andinternational research trends, research idea and method of innovators in five aspects, the thesisintroduces the writing background. Secondly expatiates forest rights dispute mediation involvedthe related theory of evidence, evidence to distinguish normal and forest rights dispute mediationevidence involved.Including concept and characteristics of forest rights dispute mediationevidence involved, at the same time from the legal level and academic level of forest rightsdispute mediation of evidence classification, points out that the forest rights disputes, mediation ofthe meaning of the evidence for the case and the parties concerned.Combination of evidencetheory, evidence of the effectiveness of forest rights dispute and theoretical analysis, from theaspects of certificate standard and burden of proof, evidence, and how to identified these threeaspects briefly describes evidence to achieve the effect.Pointed out that forest tenure disputemediation recognized the reality of the plight of the evidence involved, including the evidence itself is not standardized, evidence collection is difficult, confusion and review of the proceduresfor determining the lag of the legislation.The forest tenure dispute mediation identification of theevidence in question increases the difficulty. Finally, the paper identified plight recognized rules ofhow to build forest tenure dispute mediation of the evidence in question. Rules to build from theforest right range of evidence to review the judgment and the certification process.
Keywords/Search Tags:Forest tenure dispute, mediation and settlement, evidence, legaleffect
PDF Full Text Request
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