The Studying Of Land Case In The Shan-gan-ning Border Region

The superior court based in the environment of war made many useful exploration and reformation to the judicial precedent system, so that the value of judicial activities manifests deeply, which is of historic significance. The object of this study is the border areas of Shan-Gan-Ning land Precedents, which includes several types of mortgaging, tenancy, inheritance, and land ownership disputes. They reflect the conflict and coordination of border land trading habits with new land legislation, especially like representative Precedents "Wei Xia single", focusing on the main characteristics of border land disputes. Through the study of border land Precedents, it can be summed up judicial methods applied by members in the trial of Precedents by the, as well as the role of organizational power as part of judicial organ in dealing with land disputes. The innovation of this study is that the author not only pays attention to inducing the type of the border areas of Shan-Gan-Ning land disputes from the Precedents, but also to exploring the land Precedents implied by the judicial method. This paper focuses on summarizing judicial methods and techniques conducted by people’s judicial organs dealing with conflicts between the border land trading habits and new land legislation from the land Precedents of Shaanxi Gansu Ningxia border region. Precedents formed in judicial activities of Border are reflect that the trial take into account both the people’s customs land transactions and the law. Therefore, they are accepted by people. Civil judicial trial are not only in accordance with the law, but also pay attention to social customs and habits, especially when there is a conflict between the two, we can’t directly replace the social custom by statute law to, because after all, social customs and habits are formed in the long history, which people consciously abide by in daily life. About how to balance the social customs and national statutory law, the land precedents of the border areas of Shan-Gan-Ning of the judiciary has accumulated some judicial experience, which deserves our reference and study.In the process of writing this paper, using litigation archives investigate the real situation of the civil trial. Through the comparison of the border customs and land legislation, using comparative analysis method explains the conflict between them and then summarized the method of conflict coordination. Besides this article also uses the methods of literature research to analyze the literature collected and then pave the way and provide strong support for this thesis, which leads to the complete and accurate interpretation of the border of the land policies and laws. Summarized from various angles of border land system, land legislation idea and its profound content are to further explore value and significance of the border region and to provide beneficial enlightenment for the current judicial reform.