Research On The Judicial Dilemma And Countermeasures Of Settlement Of Forest Right Dispute In China

Due to the development of society,the demand for forest resources such as trees in human production and life has greatly increased,and the conflict between the limited supply of forest resources and the infinitely growing human demand has become more and more acute.The use and circulation of forestry rights and interests provide a free and efficient trading market.However,in the process of trading,the legitimate rights and interests of forest rights subjects will inevitably be violated,and forest rights disputes will continue to emerge.In the practice of forest tenure dispute resolution in China,various resolution methods such as mediation by non-governmental organizations,government adjudication,arbitration,and litigation can complement each other’s functions through mutual cooperation and complement each other’s functions.In reality,it presents an ideal state,but there are still various difficulties in reality,and various solutions are difficult to deal with.Therefore,under the guidance of relevant forestry laws and policies in China,exploring the judicial practice of forest tenure dispute resolution and seeking countermeasures to solve the judicial dilemma play an important role in properly resolving forest tenure disputes.This paper mainly conducts research from the following four parts:The first part starts from the basic theory of dealing with judicial cases of forest tenure disputes,and studies the concept and nature of forest tenure disputes.Disputes arising from the ownership of the right to use and the circulation issue have the dual nature of civil disputes and administrative disputes.Then,the current status of legal regulations related to forest tenure disputes is sorted out and analyzed,in order to effectively and properly handle forest tenure disputes judicially.The case provides theoretical support.In the second part,this paper sorts out the forest tenure dispute cases in the past ten years through the Judgment Document Network,analyzes the annual distribution and geographical distribution of the cases,and classifies the forest tenure disputes.On the basis of the literature research method,combined with case analysis Law,take Zhang Fengping and Mi Jinyu forest right infringement dispute case,Huang Shengguo and the fifth production team forestry contract dispute case,Sanhetou group and Liziba group forest right ownership dispute case as examples to carry out case analysis and research,respectively,on forest rights infringement disputes,forest tenure contract disputes and forest tenure tenure disputes,three different types of forest tenure disputes are dealt with the status quo of judicial cases.Taking the legal facts,dispute focus and court judgment results of typical cases as the main research content,the three typical cases are analyzed.Commentary,trying to get a glimpse of the dilemma in the judicial practice of forest rights disputes from the judicial judgment of forest rights disputes.The third part,By studying typical cases of current forest tenure disputes,summarizes the practical dilemma of judicial resolution of forest rights disputes,and further analyzes its causes.Through case study,it is found that in practice,there are difficulties in judicial determination of legal facts of forest tenure disputes by courts,low judicial efficiency affects the timeliness and effectiveness of dispute resolution,and pre-processing behavior of administrative organs interferes with the independent judiciary of courts and the scope of judicial review.The limitation of the law restricts the court’s ability to exercise justice,and analyzes the main reasons for its formation,including the lack of uniform standards for the review and determination of evidence in forest rights disputes,the insufficient ability of the parties to provide evidence in forest rights disputes,and the lack of civil and administrative litigation in forest rights disputes.The division leads to the sluggish judicial procedures and the continuous expansion of the power of the administrative organs in the field of private law.The fourth part,after analyzing the reasons for the formation of the current judicial dilemma of forest tenure dispute resolution,attempts to explore the dispute settlement principles that need to be adhered to to solve the judicial dilemma of forest tenure disputes,and then proposes corresponding specific countermeasures: first,refine the forest tenure disputes The rules of evidence review and determination;second,enhance the evidence-producing ability of the parties to forest tenure disputes;third,realize judicial specialization and procedural integration of forest tenure dispute resolution;fourth,give full play to the court’s guidance and guidance on forest tenure dispute resolution effect.This paper studies the status quo of judicial resolution of forest tenure disputes and puts forward suggestions.The purpose is to provide an empirical basis for the establishment of a fair,just,reasonable and efficient judicial settlement of forest tenure disputes,and strive to make judicial means become the subject of relevant rights in the settlement of forest tenure disputes.Legal,reliable and efficient relief methods for legitimate rights and interests enable the benefits of forestry resources to be brought into full play.