Empirical Research On Judicial Remedy Of Forest Land Requisition Compensation Dispute

Forest land,one of the land resources,as well as one of the most important part of forest resources,which influenced the ecological and economical harmony and balance.With the advancement of rural-urban integration,the compensation disputes caused by forest land expropriation has caused a great attention in china.But,lack of regulation and judicial practice in forest land expropriation has failed the great need of people in theory and practice.As a result,this article tried to reveal the resolution in solving the compensation of forest land expropriation.This article collected 240 adjudicative documents of forest land expropriation compensation cases in zhejiang province,including:civil cases,administrative case,criminal cased and analyzed these data.According to the extrinsic factors,this article based on four fundamental factors:trial area,time of the court session,judicial procedure and trial subject,made use of the data analyse software SPSS to reveal the relevance between fundamental factors and the results of judgement so as to find the key factors which influenced the results of judgement most.In the intrinsic factors,this article analyzed the key factors of these factors:case acceptance,subject confirmation,evidence identification and the invoke of a legal provision.Based on the data analyze above,this article concluded the obstacles in realizing the judicial remedy in forest land compensation disputes,including:the failed of forest judicial functions,the implement of forest judicial functions and the uneven ability of judge.Besides,this article designed the logic in solving forest land expropriation compensation disputes by judicial remedy,made full use of the experience abroad in order to find the solution to this problem,demonstrate the judicial concept of green power and realize the protection of ecological benefits and economic benefits of forest land expropriation right holders.