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Research On The System Of Land Acquisition Compensation And Resettlement Disputes Coordination

Posted on:2020-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y JiangFull Text:PDF
GTID:2416330572994312Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
Under the background of "Internet +" era,technological innovation has laid the foundation for the improvement and reconstruction of dispute resolution mechanism.In the wave of world judicial reform and development,the non-litigation dispute resolution mechanism is evolving into an important way to resolve disputes.This is also true for land acquisition disputes.For example,the United States has launched an “ADR Campaign” to deal with the “litigation explosion” crisis triggered by land acquisition,and resolves land acquisition disputes through non-litigation alternative solutions such as negotiation,mediation and settlement;the United Kingdom has established a dispute over land acquisition.It is neither a judicial organ nor a land court of an administrative organ.In China,the diversified dispute resolution mechanism is an important issue in the current social reform process.Among them,the land acquisition compensation and resettlement dispute coordination ruling system [this system is specially designed to solve the collective land acquisition compensation and resettlement disputes,so in this paper,the land acquisition compensation and resettlement dispute Specifically refers to the dispute over compensation and resettlement for collective land acquisition.The establishment of the land acquisition dispute has become an important unit in China's multi-disciplinary dispute resolution system.Although its specific procedures have no unified legislation across the country,many regions have carried out some meaningful try.In May 2016,Chongqing Municipality issued the “Chongqing City Land Acquisition Compensation and Resettlement Dispute Coordination Decision”(referred to as“Measures”),which provided guidance for resolving related disputes.However,there are still some problems in the harmonized ruling system stipulated in the Measures.In practice,the operation is not good.Based on the judicial practice within the scope of the W Intermediate Court in Chongqing in recent years,this paper reveals the problems faced by the current land acquisition compensation and resettlement cases;it is based on the provisions of the“Measures” of Chongqing Municipality,combined with the legislative practice of other provinces to analyze and clarify the coordination ruling.The main body,object and procedure of the system;summarizing the inspiring practices and ideas through the study of the territorial dispute resolution system;relying on Internet technology to further introduce the concept of diversified dispute resolution mechanism based on the existing system-Participatein the multi-subject to enhance the neutrality and impartiality of the main body of the ruling,set up a path for dispute resolution by means of multiple mechanisms,and produce a list of coordinated rulings for the administrative counterparts,and produce a coordinated ruling process advancement chart for the coordination ruling authority to further improve the coordination ruling.The efficiency of the system,thus optimizing the coordination of the ruling system,so that it plays its due role.Structurally,this paper is divided into four parts.The first part introduces and analyzes the disputes about land acquisition compensation and resettlement disputes and land acquisition compensation and resettlement disputes.The second part analyzes in detail the current situation of collective land acquisition compensation and resettlement disputes,as well as the current status of the coordinated award system,sorts out the legislative evolution of the coordinated award system,and points out several problems in the Chongqing land acquisition compensation and resettlement coordination award system.The third part mainly discusses the change of the concept of the land acquisition compensation and resettlement dispute arbitration system,first analyzes the concept and defects of the land acquisition compensation and resettlement dispute arbitration system in China,and analyzes and summarizes the experience of several countries outside the domain in solving land acquisition disputes.Based on the concept of introducing a multi-disciplinary resolution mechanism based on Internet technology,the concept transformation of the land acquisition compensation and resettlement dispute coordination system was completed.The fourth part puts forward suggestions for perfecting the system of compensation and resettlement for land acquisition compensation and resettlement in China.
Keywords/Search Tags:land acquisition, compensation and resettlement dispute, coordination decision system, perfect
PDF Full Text Request
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