Research On The Forest Rights Dispute Resolutiong Mechanism In Ji'an City?Jiangxi Province

The effective distribution of land can be achieved only if people own the land,prove ownership of the land through registered land tenure,and are able to freely price and transfer the land according to classical economic theory.However,due to various reasons,in the process of forest,forestry,forestland identification,utilization and circulation,various disputes cannot be inevitable.Among them,rural collective forest rights disputes are relatively prominent.There are many types of forest rights disputes,and the causes are complex,which last for a long time and are extremely harmful.How to effectively resolve the dispute over forest rights is related to economic development and social stability.By studying the theoretical status of forest rights dispute resolution mechanisms at home and abroad,this paper clarifies the relevant concepts,characteristics,legal nature and main types of forest rights dispute resolution mechanisms.This paper analyzes the reasons for forest rights disputes and the easy links to occur,and establishes that the settlement of forest rights disputes in the new era should follow the principles of rule of law,efficiency and harmony.Through the analysis of the main types of the current forest rights dispute resolution mechanism,the advantages and disadvantages of the forest rights dispute resolution mechanism,such as consultation,mediation,administrative decisions,administrative reconsideration and administrative litigation,are analyzed in detail.It is considered that any of the above dispute resolution mechanisms for forest rights have defects,and it is necessary to perfect,integrate and reconstruct them.By systematically combing and analyzing the basic situation of forest rights reform and hidden dangers of forest disputes since the founding of ji'an city,we believe that the changes of five forest rights systems experienced by ji'an city since the founding of the country have objectively created hidden dangers of disputes.Through case analysis and data analysis,the basic situation of forest rights disputes in Ji'an City in recent years,the main methods for resolving forest rights disputes and the main problems existing in the work are elaborated in detail,and it is believed that the settlement of forest rights disputes in Ji'an City has achieved remarkable results.Its main practices are relevant and worthy of generalization;However,there are also major problems such as the imperfect legal system,the irregular management of forest rights,the unreasonable establishment of institutions,the lack of safeguards,the imperfect supervision mechanism,and the lack of smooth flow of multiple resolution mechanisms.At the same time,typical provinces in the forestry dispute mediation legislation and practice strict local legislation,limited mediation period,introduction of people's mediation,standard mediation basis,clear legal responsibility,paying attention to performance reward and punishment and other practices,and the United States 'pioneering multivariate settlement mechanism for Ji'an has reference significance.Finally,in view of the problems existing in the forest rights dispute resolution mechanism in Ji'an City,based on the actual situation in Ji'an,this article draws on the typical native provinces and foreign states practices,from strengthening local legislation,paying attention to preventing forest rights disputes,improving the forest rights dispute resolution security mechanism,incentive mechanism,and supervision mechanism.Some suggestions and ideas on how to improve the settlement mechanism of forest rights disputes in Ji'an City are put forward.