The Study On The Solution To The Disputes Over Rural Land Contracts In Heilongjiang Province

Land is the property of the peasants who settled down in peace and life.The peasants have a natural dependence on the land.In particular,the country's preferential policies and strong support for “three rural issues” and rural land in recent years have also made farmers' enthusiasm for land contracting unprecedentedly higher,and the number of rural land contract contract disputes has also increased.Heilongjiang Province,as a large agricultural province and a big land province,has a lot of cases,affecting the stability of rural society in Heilongjiang Province.Changes in contractors and contracting methods have also made the types of disputes more complex and diverse,and the difficulty of resolving such disputes has also increased.At the same time,the rural land contract disputes in Heilongjiang Province have their own particularities and it is a great challenge to properly solve this problem.Heilongjiang's rural land contract disputes have the characteristics of new lawsuits,large disputes,and disputes that are affected by agricultural policies.Heilongjiang Province resolves such disputes mainly through litigation,arbitration,mediation,reconciliation,etc.In the practice of Heilongjiang Province,dispute resolution presents the following characteristics: dispute resolution methods are difficult to deal with complex types of disputes,and improper handling of results leads to group litigation.The imperfection of legislation limits the function of the solution.There are some problems in various types of dispute resolution methods: For litigation methods,the adversarial characteristics of litigation methods are not conducive to the thorough resolution of disputes,and are likely to cause the consequences of the conclusion of the case;the litigation results are vulnerable to various factors;there is a long period,high costs,The complexity of the procedure and the difficulty of implementing the results are the characteristics of the entity's operation and difficulties in the trial.In the non-litigation mode,there are also many problems,the arbitrariness of reconciliation is large,the mediation result may not be legal,and the mediation personnel of the people's mediation are of low quality and fairness;the arbitration lacks supporting systems and facilities;and various dispute resolution methods The connection and coordination between the two are unreasonable.In this regard,in light of the current situation of contract disputes in rural land in Heilongjiang Province,the author proposes suggestions for improving the above-mentioned rural land contract dispute resolution in Heilongjiang Province.To make mediation methods throughout the litigation and non-litigation methods,mediation has become the main method of work for such disputes.However,this does not mean that the non-litigation method centered on mediation replaces the litigation method,nor does it mean that the litigation method resolves disputes and excludes mediation-based work methods.Litigation is still the most authoritative means of resolving disputes,and it is also an important guarantee and backing for the non-litigation mechanism to play its role.The role of litigation in dispute resolution is irreplaceable.Therefore,it is necessary to first improve the role of litigation mechanisms in solving rural land contract disputes in Heilongjiang.In this regard,relevant legislation should be improved and the convergence of legislation and policies should be strengthened;mediation judges should be established and perfected.Court mediation system.On the other hand,it is also necessary to improve the role of non-litigation mechanisms in solving Heilongjiang rural land contract disputes: to improve the people's mediation system and to better play the role of arbitration;to introduce administrative mediation systems;at the same time,to strengthen litigation and non-litigation The cohesion and cooperation of methods mainly deal with the connection and cooperation between arbitration and litigation,and deal with the convergence and cooperation of administrative mediation and litigation.