Research On Rural Land Dispute Settlement Mechanism In China

The construction of the new urbanization requirements deepen the reform of rural land system,For the development of China's rural land system ushered in a good opportunity,the pilot reform of the rich content of the right of rural collective land,bridging the gap between urban and rural land systems,innovative the land management methods.At the same time,it also brings challenges to the maintenance of rural land order,although the land system reform is still in pilot exploration stage,but the old system must be changed,the new system will be established,how to make the new land system is a smooth landing of rural land dispute settlement mechanism must solve the problem.Along with the agricultural economy,the rural social structure adjustment,change of land policy,modern rural social value diversification,the rural land rights relief needs more diversified and complicated,but also put forward more strict requirements on the existing settlement mechanism to resolve the rural land dispute:we should strengthen rural grassroots democracy construction,promote the rural autonomy ability,but also to enhance the national public power authority in rural areas to promote rural social governance,the rule of law.The ideal rural land dispute relief mechanism is to adjust the original strategy automatically and quickly when the rural social environment such as rural land system is uncertain,to solve the land disputes in rural areas under the new system,and the reality is the rural land dispute settlement mechanism has not yet solve land disputes in rural areas needs.This paper expounds the purpose and significance of the topic selection,and reviews and comments on the current research results of the rural land dispute settlement mechanism at home and abroad,from the perspective of the theory research,interpretation of rural land,rural land disputes,dispute settlement mechanism,the connotation of concept of rural land dispute settlement mechanism.The theory of social conflict,the theory of rights relief and the theory of harmonious society are the theoretical supports of the thesis.In this paper,the rural land disputes are subdivided into the following types:farmland ownership disputes,farmland transfer disputes,land expropriation disputes and agricultural land use disputes.And the relevant laws and regulations are summarized.Summed up the diversity of rural land disputes of interests,to solve the multi levels of difficulty,solve the conflict on the basis of the causes,the complexity of the four characteristics.By solving the case analysis on the rural land disputes with different disputes,explain the advantages and disadvantages of various mechanisms.On this basis,the paper explores the problems existing in the settlement mechanism of rural land disputes,such as the difficulty of linking up the settlement mechanism,the insufficient supply of personnel in the rural land disputes and the administration of the settlement mechanism of rural land disputes.Finally put forward the improvement of the rural land dispute resolution mechanism principle,improve the rural land dispute settlement body ability,strengthen the rural land dispute resolution mechanism to coordinate the operation,the four aspects of perfecting the rural land disputes related legal system.A good mechanism to resolve the rural land disputes established,which have a function of self perfection.The formation process of this mechanism is difficult and tortuous,the needs of the community work together to integrate legal,organizational,land resources,dispute settlement,only the rural land dispute resolution,to safeguard the land rights of farmers,in order to achieve social stability in rural areas,for the integration of urban and rural development assistance.