The Contracted Management Of Rural Land Disputes Settlement Mechanism Research

With the rapid development of economy in our country,a lot of social problems have happened, the land problem is one of them.In recent years, the rural economic development is rapid, the country issued a series of favorable policies, the value of land increase greatly,more land disputes and the increasingly prominent.Therefore, how to better resolve land disputes to maintain local social stability is very important.This article will revolve around the contracted management of land dispute settlement mechanism were discussed, strive to make our contribution to the stability of rural society in China.In this paper, the text besides preface and epilogue, is divided into four parts:The first part is the status quo of the contracted management of land disputes.This part is mainly from two aspects: one is the importance of the contracted management of the disputes.This part from the need to solve disputes is the fundamental interests of farmers and maintain rural order needs two aspects to discuss;Secondly, the current problems existing in the rural land contracting management.Because of the complexity of the reasons for the contracted management of land disputes,so the disputes is difficult to solve, and indirectly caused the low efficiency of dispute resolution mechanism.The remedy mechanism sound is also an important problem in today's, this part raises the mechanism is not perfect, made a foreshadowing for the following discussion.The second part is the type of the contracted management land dispute settlement mechanism.First, the understanding of the mechanism of dispute resolution in the first step is to need to understand the types of disputes over the contracted management of land now.The contracted management of rural land dispute type roughly divided into land contract disputes,right to the contracted management of land circulation of disputes,because back, adjustment and occurrence of the dispute,infringement of the rights of the dispute,to determine the rights disputes,inheritance disputes six categories.The second,On the basis of understanding types of disputes, dispute the settlement mechanism.Existing legal provisions, the settlement mechanism can be divided into litigation settlement mechanism and non-litigation settlement mechanism.And included in the non-litigation settlement mechanism of conciliation,mediation, arbitration three ways.From the law level of this part, combining the author's research, Comprehensive understanding of the various kinds of settlement mechanism and theeffect.The third part is The comparison of the contracted management of land dispute settlement mechanism.After to know all kinds of settlement mechanism, to carry on comparative analysis to the settlement mechanism, the purpose is to compare the existing land contract management advantages and disadvantages of the dispute settlement mechanism,find out the more suitable solution mechanism, finally can better resolve the dispute.The part first introduced the dispute settlement mechanism function validity determine four criteria: cost, put an end to the dispute, satisfaction, and social effect.Then respectively from the four aspects of litigation and non-litigation settlement mechanism to identify the function of the effectiveness.In the analysis and comparison, the author not only from the aspect of law,and introduces the research situation of the author to decide.Through case and forms analysis patterns, non-litigation settlement mechanism in terms of cost, satisfaction and social effect has certain advantages, so the non-litigation settlement mechanism more litigation settlement mechanism can play its function effectiveness, This is an important reason why a parties to a dispute choose non-litigation settlement mechanism to resolve the dispute.The fourth part is the suggestions.Through the discussion of front, the non-litigation settlement mechanism in the contracted management of rural land disputes plays an important role and occupies a certain advantage.This part combined with the problems, the actual situation factors such as comprehensive consideration, from to research areas include in a timely manner to carry out the relevant laws and regulations and policy, increase rural the franco-prussian propaganda, and emphasize on the farmers' consciousness from two aspects of evidence,use of its functions of dispute resolution, weaken the administrative color,emphasizing the independence of the arbitration organization and coordination four aspects:the relationship between arbitration and litigation, provide appropriate perfect suggestion, in order to better play to its function to non-litigation settlement mechanism, more effectively solve the contracted management of land disputes, the purpose of maintaining the order of rural society stability.To sum up, this paper expounds the above four parts describes the status quo of the current rural land disputes in China, after the focus around the contracted management of rural land dispute settlement mechanism as well as the existing settlement mechanism for comparative analysis, through analysis and comparison,the non-litigation settlement mechanism more advantage of conclusions, and put forward the perfect our country thecontracted management of rural land disputes non-litigation settlement mechanism of several Suggestions.