Study On The Connection Mechanism Between Arbitration And Litigation Of Rural Land Contract Management Disputes

With the rapid development of social economy and the advancement of rural urbanization and modernization,the value of rural land becomes prominent.These factors make the number of rural land contract management disputes more complex and involve more subjects.As a large agricultural country,China's proper handling of rural land contracting is closely related to rural economic development and social stability.Arbitration and litigation are two important methods in the dispute settlement mechanism of rural land contract management.However,due to institutional and practical reasons,there are obstacles between arbitration and litigation,which affect the timely resolution of conflicts and disputes.This text is divided into six parts:The first part is the raising of question.The article begins with a case to point out the specific situation that the connection between arbitration and litigation of land contracting operation is not smooth in practice,that is,"the members of collective economic organizations did not actually acquire the right to contract and manage land" belongs to the scope of accepting cases of arbitration,but does not belong to the scope of accepting cases of the court.The arbitral award made by the arbitral tribunal does not take effect because one party brings a lawsuit,thus resulting in the deadlock of "the court does not accept,the award does not take effect".The second part,the rural land contract management disputes diversified solutions.This part briefly introduces and analyzes the four ways to solve the rural land contract management disputes,including arbitration,litigation,mediation and reconciliation.Combined with the characteristics of rural land contract management disputes,this article discusses the advantages and disadvantages of the above methods.The third part is the theoretical interpretation of the connection between mediation and arbitration of disputes over rural land contract management and litigation.This part firstly analyzes the concept of connection between arbitration and litigation of land contract operation disputes,and expresses it as "the sum of the mechanisms of connection,transformation and collaboration between arbitration and litigation of rural land contract operation disputes,so as to realize the maximization of the overall effect of dispute resolution".Then the necessity and feasibility of the connection between arbitration and litigation of rural land contract management are analyzed.The fourth part analyzes the obstacles and causes of the connection between arbitration and litigation of rural land contract management disputes.Firstly,the paper summarizes the main manifestation of cohesion obstacles,including the deadlock in "litigable after arbitration",preservation,implementation,evidence and fact identification.Then,the paper analyzes the causes of the connection barriers,and concludes that the main causes include the inconsistency between the scope of arbitration and litigation,the inconclusive effect of arbitration award,the inadequacy of the arbitration institutions of rural land contracting and operation,and the inadequacy of the mechanism of interworking and cooperation between arbitration and litigation.The fifth part is the breakthrough path of the connection obstacle between arbitration and litigation of rural land contract management disputes.This part focuses on the basic concept and the positioning of the role of arbitration.This paper believes that the connection between arbitration and litigation of land contract operation should set up the basic concept of "protecting agricultural land contract operators" and "ensuring fairness and giving consideration to efficiency".Then this paper probes into the role positioning of agricultural land arbitration,and thinks that agricultural land arbitration should play a prominent role as the " diversion mode of litigation ".Then itanalyzes the problems of "administrative arbitration and litigation arbitration" and puts forward some suggestions for improvement.The sixth part,the construction of the connection mechanism between the arbitration and litigation of rural land contract management.From the legislation,judicature and law enforcement,the author puts forward some Suggestions to break through the cohesive barriers and build a cohesive mechanism.This paper argues that,on the legislative level,the court should appropriately expand the scope of accepting cases of rural land contract management disputes.At the same time,the law on land contract mediation and arbitration should be amended to add that "if a party refuses to accept the arbitration award and brings a lawsuit,the award will take legal effect." The provisions of the.In addition,relevant laws and regulations on rural land contract management should be improved as soon as possible to make the system of rights explicit.At the level of supporting mechanisms,it is necessary to establish and improve the arbitration litigation practice coordination mechanism,establish the "litigation after arbitration" evidence and fact cohesion mechanism,improve the work level of arbitration institutions,and increase the publicity of rural land contract arbitration.