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Our Country Forest Rights Dispute Resolution Mechanism Research

Posted on:2018-01-01Degree:MasterType:Thesis
Country:ChinaCandidate:J M XuFull Text:PDF
GTID:2346330512960009Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years with the continuous development of economy, the economic value of forest land is more and more improved, the economic interests of the various disputes caused by forest land ownership also significantly promoted, more and more forest rights dispute. Forest rights disputes increase,leading to forest right circulation is not smooth, the social main body of forestry economy development investment enthusiasm is not high,the rights and interests of consumers is not fully guaranteed,issues of forest land use gradually lost vitality increasingly highlight, for the healthy development of China's forestry economy caused serious influence and social harmony and stability.Can, therefore, timely and effectively solve the problem of forest rights disputes, related to the healthy development of China's forestry economy and social harmony and stability in our country. In this paper, the author in fuzhou city of jiangxi province in forest rights disputes as the research object of this thesis, through the elaboration of fuzhou city forest rights disputes of the current status quo, to borrow in the analysis of causes and characteristics of forest rights disputes in our country, to find problem of forest rights dispute solution mechanism in our country, finally the author puts forward the countermeasures of forest rights dispute resolution mechanism how to perfect in our country, easy to provide some reference to the general scholars and the forestry workers reference, properly deal with all kinds of forest rights disputes, is conducive to promoting the healthy development of Chinese forestry economic and social harmony and stability. The author to discover problems,analyze and solve problems of train of thought to study forest rights dispute solution mechanism in our country. First, the author by reading the literature about forest rights disputes at home and abroad,systematically theoretical analysis, the theoretical basis for research papers; Second, by looking for fuzhou city court hearing on forest land disputes in ten years, to collect information and data about fuzhou city forest rights disputes, from annual cases, the cause of action of cases, the causes for the case type of fuzhou city systematic research and analysis the present situation and problems of forest rights disputes, study, from 2007 to 2016, 10 years, the fuzhou city a total of 478 cases of forest rights disputes,including the right of mountain forest administrative ruling disputes, property rights protection, contract disputes, infringement disputes, and other causes disputes, the causes of forest rights dispute type has adjacent forest boundary is not clear,a grassland-use registration area is inconsistent with the actual sizes, unlicensed, repeated registration, the problems such as nonstandard forest right circulation, and through the concrete case to analyze the causes of various types of forest rights dispute. Again in fuzhou city paper summarizes all the forest rights disputes in ten years, analyses the cause of the cause of fuzhou city forest rights disputes mainly includes: the historical origin,management is not standard cause,cause,subject consciousness as well as economic benefits. Third, from the forest rights disputes sum up the characteristics of forest rights disputes are: complex causes,long time; Mass disputes,mediation is difficult; Civil and administrative legal relationship are intertwined. The author through the study of forest rights disputes analysis, found the flaws of the forest rights dispute solution mechanism in our country. Fourth, according to the present situation of the forest rights dispute solution mechanism in our country, combining with the experience of fuzhou city forest rights dispute cases, the author put forward the following solutions of the forest rights disputes: one, to perfect the forest rights disputes folk settlement mechanism. Second,perfect the forest rights disputes settlement mechanism foradministrative; Three, to perfect the forest rights disputes arbitration mechanism; Four,we will improve the mechanism of forest rights disputes litigation referee; Five,establish a diversified forest rights dispute settlement mechanism.
Keywords/Search Tags:Forest rights dispute, Type and cause analysis, diversified dispute settlement mechanism
PDF Full Text Request
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