| Originated from China’s unique rural land system,it is different from the civil and commercial arbitration mechanism for rural land contracting management disputes,which promotes the construction of rural land contracting management disputes and effectively resolves agricultural land contracting management disputes in a timely manner There is a solid foundation for promoting the construction of safe villages,tamping the stability of the grassroots,and achieving rapid,coordinated,and sustainable development of urban and rural social economy.The Law of the People’s Republic of China on the Mediation and Arbitration of Rural Land Contracting Disputes has been promulgated for 10 years,but there are many obstacles in the implementation of relevant laws and policies in different regions,which is not conducive to the advantages of the agricultural land arbitration mechanism.Therefore,this article selects the two counties of hometown A county-level city of Hubei province and county B of Hubei province as the research object.It is planned to analyze the limitations of the Agricultural Land Mediation and Arbitration Law and combine with the arbitration practice of the above two places to reveal the current Problems in the agricultural land arbitration mechanism,with a view to finding corresponding solutions.In addition to the introduction and conclusion,this article is divided into four parts.In the first part,through investigation,the case analysis of the operation of the agricultural land arbitration system,on the basis of summary,it is found that there are five practical dilemmas in arbitration practice.The second part is a detailed elaboration of the basic overview of agricultural land arbitration,starting with the disputes that triggered agricultural land arbitration,and combining the unique nature and characteristics of agricultural land arbitration to analyze the advantages of this system.The third part is the current situation and problems of the agricultural land arbitration system.This article starts from the current legislation and empirical analysis,and combines the problems reflected in the case to analyze the main defects of the operation of the agricultural land arbitration system.This article mainly believes that there are the following problems: the lack of rule of law in agricultural land arbitration and strong administrative subordination;the inconsistent scope of arbitration and litigation;the difficulty of investigation and evidence collection by arbitration institutions;the lack of internal error correction mechanism in arbitration;the lack of close connection between arbitration and litigation.This paper believes that the emergence of these problems not only affects the professionalism and fairness of arbitration awards,but also makes the advantages of the efficient,fast and convenient unique arbitration mechanism exhausted.The fourth part is the improvement of the agricultural land arbitration system.This article proposes to build an independent arbitration system.First,The nature of the independent non-profit legal person of the rural land contract arbitration committee should be clarified.Accept the scope of the case,improve the availability of agricultural land arbitration;again,protect the arbitral tribunal ’s power of investigation and evidence collection,and standardize the arbitration review process;Judicial remedies for refusing to enforce arbitral awards,constructing fault-tolerant and error-correcting mechanisms and building a just line of defense.Finally,to realize the connection between arbitration and litigation,reduce the pressure on the courts,and achieve the effect of deciding to stop disputes. |
