Research On Reformation Of Dispute Resolution Mechanism Of Forest Rights In China

Since the foundation of PRC,the forest rights system in China has experienced five significant reformations,including Land Reform,Rural Cooperative Movement,People's Commune Movement,Three Regulation of Forestry and Collective Forest Right Reform.All the reformations have concentrated on the definition of the subject and the innovation of forest right,without emphasizing the settlement of disputes following,which has aroused contradiction between advanced forest rights and lagging dispute resolution mechanism,leading to countless forest right disputes which are widely influential,complicated and thorny.As the important indemnification of forest rights reformation,the improvement of dispute resolution mechanism of forest rights is beneficial to settling dispute over forest rights,protecting legitimate rights and maintaining social stability.However,the dispute resolution mechanism of forest rights in China is confronted with many problems,namely ineffective norms,conflict between multiple dispute settlement,defects in shunt processing and powerful administrative will.Basing on the analysis of disadvantages mentioned,this paper has specifically proposed the principles and methods of the reformation,which includes the principle of autonomy,the principle of equality,the principle of efficiency and the principle of shunt processing.Aiming at offering constructive suggestions to improving dispute resolution mechanism of forest rights in China,within the guidance of the principles mentioned,this paper refers to advanced experience of settling forest rights disputes in other country.Stepping forward,this paper has spread out four specific methods of reforming dispute resolution mechanism of forest rights in China,made up of formulate unified specification,establish specialized agencies,coordinate multiple methods of dispute settlement and improve the mechanism of shunt processing.