The Dispute Resolution Mechanism Of The Yellow River Beach

The right of Yellow River land using has a great relationship with the interests of the public.Strengthening the land dispute resolution mechanism of Yellow River beach research is helpful for protecting the legal rights and interests of the people in the area of the beach,and improving the overall efficiency of shoal dispute resolution and the basic order.The theory of the Yellow River dispute resolution,mainly relates to the traditional theory,non-litigation dispute resolution(ADR)theory and diversified dispute settlement mechanism theory,is a part of the study of dispute resolution,,Under the traditional background of the Chinese acquaintance,the solution is negotiation,rather than suit.At the beginning of the dispute form of Yellow River beach,people usually in accordance with the folk customs,such as patriarchal rule that unofficial dispute resolution of dispute settlement,negotiations,habits,etc.Even after a long period of evolution,the traditional dispute resolution concept has been gradually withdrew from the history,the thought of "harmony" in contemporary still continues,and it still applies in the resolution.It is both cultural innovation,but also a cultural heritage.Theory of non-litigation dispute resolution(ADR)is a new dispute resolution theory in the 20 th century.The theory will include a variety of non-legal dispute solution,although it differs from the way of selection,application and the effect.Frankly to say,it overall meets the needs of shoal dispute to the dispute resolution mechanism.Diversified dispute settlement mechanism theory is a comprehensive way to solve disputes,which will contain all kinds of dispute resolution system and program,and will keep in a stand-alone processing mode mixing and cohesion between different dispute resolution process.These three dispute resolutions provide theoretical support and reference on program,and also the further analysis of causes and ways of solving disputes,which stands the main point of the paper.The main two reasons of Yellow River beach dispute follow: one is that the law of shoal resource use is unknown and the dispute resolution measures are not perfect,especially in the use right ownership,the definition of the administrative divisions of the volume of dispute settlement procedures,as well as the disconnection of theory and practice;The second reason is due to natural causes such as change lanes of the Yellow River,the water fluctuation,leading to the unsteady of location and the instability of the volume of the Yellow River basin.It is unfavorable to the order and execution policy.Therefore,according to the principle of balancing interests,solving the shoal dispute on one hand depends on achieving the interests of the dynamic balance and the main body must be in accordance with the provisions of the law or practice of binding himself,who shall not exceed the prescribed scope of interests and shall not destroy the existing interests balance;On the other hand,due to the interests of the people must have the legal protection of the right and provide the holder relief way if damaged.In view of the above reasons,it is necessary to combine the theories of the civil law and administrative law from the perspective of procedural and substantive.Moreover,on the basis of theoretical research induces a universal land dispute resolution and enforcement procedure in forming the standard dispute settlement mechanism of Yellow River beach disputes.Before building procedural mechanism,the first step is to have a fully awareness of the problems existing in the mechanism.Clearing the system of land registration and disadvantages on the basis of the dispute resolution process is the basic of taking land registration procedure specification and specific dispute solution.Second,to make clear the belongings of the administrative boundaries by drawing the "flow-land" administrative division to further confirmation of the dispute.Finally,to achieve the solution by administrative approval and litigation.In this process,combining the property rights theory and the administrative law basic principle which is the idea of restricting behaviors of the main body by the way of the combination of procedural and substantive mechanism construction.