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Improving The Dispute Resolution Mechanism Of Forest Ownership

Posted on:2018-04-07Degree:MasterType:Thesis
Country:ChinaCandidate:D Y QiuFull Text:PDF
GTID:2346330512460094Subject:Law
Abstract/Summary:PDF Full Text Request
At present, with the deepening of China's urbanization and urban and rural integration process, forest ownership dispute is increasing. Forest ownership dispute if the solution is not good. It will affect the neighborhood harmony,heavy influence from village to village, and even lead to mass incidents, and even hinder the pace of urban and rural integration,resulting in rural social instability. Therefore,timely solve the forest ownership dispute is an important work to maintain the social stability in the rural areas, is one of the key government promoting urban-rural integration process speed, of course is an important task to protect forest resources. This paper is based on the relevant situation of the dispute resolution mechanism of forest ownership in Suichuan county. Through the relevant case reflects, Suichuan as a 23 Township, 2 state-owned forest farms, 308 administrative villages, the total land area of 3144 square kilometers,the forest coverage rate of 78.4%. Forestry resources in the county has become a traditional pillar industries in the county's economic and social development has a very important significance. However, in recent years, the county two district "(City Park)continues to accelerate the pace of forestry resources by the government requisitioned in accordance with the law, determine the compensation process, often there will be a mountain there are two parties receive compensation and types of disputes, caused by forest ownership disputes surge. But at present, in the dispute settlement mechanism of forest ownership in our country is not in conformity with the actual situation. Therefore,to improve the mediation process and mechanism of forest ownership dispute, resolve has become a major focus of forest ownership disputes,and promote the integration of urban and rural in the process of difficult work,through this paper ? appealed to the country as soon as possible on the mountain forest ownership dispute settlement mechanism to improve.First of all, the author through the countryside investigation, collect the data fields,combined with China's existing laws and regulations and the specific cases occurred in Suichuan County for the analysis and research, introduces the characteristics and causes of forest ownership dispute in our country,and to analyze the.Secondly, the author will focus on the introduction of our existing forest ownership dispute settlement mechanism, solving mechanism, solve the current status of the procedure in the aspects of legislation, and then analyzes the demonstration forest ownership dispute settlement mechanism in our country present defects in the laws and regulations on the mediation mechanism and the reconsideration institution defects and forest ownership dispute procedures, including self abuse negotiation, administrative mediation, administrative adjudication, administrative reconsideration, administrative litigation and other procedures exist, in order to improve the forest ownership dispute settlement mechanism for path.Again, through the introduction of foreign civil law and Anglo American law system, and then analyzes the typical representative of Germany, the United States and other countries to solve the advanced experience in the forest ownership classification,forest ownership management institutions and mechanisms, summed up China's dispute settlement mechanism in forest ownership can be the experience reference.Finally, through the forest ownership dispute settlement mechanism from perfecting special legislation, institutions and forest ownership dispute settlement procedures in the handling process,proposed legislation specially formulated legal forest ownership dispute mediation mechanism, strengthening mechanism,review body strength, while the introduction of administrative reconsideration committee system,and solve the relevant procedures to improve the mechanism of dispute, put forward the perfect path, is expected to make its own contribution for the system of forest ownership dispute in china.
Keywords/Search Tags:Forest ownership, Disputes causes, Resolving mechanism
PDF Full Text Request
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