Research On Settlement Mechanism Of Grassland Dispute In Xilin Gol Pastoral Area

Pastoral areas are the main living places of herdsmen,and grasslands are the main dependence to support herdsmen’s daily life and production.In the "Opinions of the CPC Central Committee and The State Council on Implementing the Strategy of Rural Revitalization" issued in 2018,it is proposed to "build law-based villages",and strengthening the authoritative position of the law in safeguarding farmers’ rights and resolving rural social conflicts.After the proposal of this opinion,topics related to the construction of law-based villages and the rural dispute resolution mechanism have received widespread attention and discussion from all sectors of society.As another form of village in China,pastoral areas have received slightly less attention.After long-term development,the current pastoral life has shifted from the past "nomadic" to the current "grazing" mode,gradually forming an acquaintance society similar to villages.However,there are still essential differences between pastoral areas and villages in terms of lifestyle and production methods,that is,herdsmen’s dependence on grasslands far exceeds farmers’ dependence on land.Xilin Gol League Grassland,as one of the four major grasslands in China,has strong practical and research significance as a field site for survey.Currently,the grassland disputes in Xilin Gol League Pastoral Area are dominated by civil and administrative disputes,of which disputes over grassland contracts,unjust enrichment,personal infringement,and disputes arising from the confirmation of grassland rights among herdsmen account for a large proportion of civil disputes.Administrative disputes mainly include disputes between herdsmen and state-owned enterprises over grassland ownership,disputes between herdsmen and Administrative disputes mainly include disputes between herdsmen and state-owned enterprises over grassland ownership,disputes between herdsmen and Gachas and cyms over grassland adjustment,disputes between herdsmen and Gacha S and cym S over the issuance of grazing prohibition funds,and disputes between Gachas over grassland ownership.It can be seen from the above analysis that public remedy and private remedy are currently more common and frequently adopted in the Xilin Gol League Pastoral Area.Public remedy specifically includes judicial remedies such as judicial mediation and legal litigation,includes administrative remedies such as petitions,administrative mediation,and administrative reconsideration,and other forms of remedies such as mediation by a mediation committee composed of Gachas and cyms,and dispute resolution by grassland management stations.Private remedy specifically includes private reconciliation,third-party mediation,group negotiation,self-help behavior of herdsmen,etc.Furthermore,China’s internal policies and regulations,laws and regulations,local documents,and local customs in pastoral areas also play their respective roles in dispute resolution.However,there are still deficiencies in the above remedy methods in practice,which can be divided into three aspects: the weakness of formal resolution,the folk inertia and the deficiencies in the construction of the "Fengqiao Experience" system in the new era.The weakness of formal resolution is mainly reflected in the lack of attention to the dispute resolution mechanism in pastoral areas,language contradictions among the dispute resolution subjects,and deficiencies in judicial and administrative procedures.The folk inertia is reflected in the backward concept of the rule of law among herdsmen,insufficient initiative of folk mediation organizations,and insufficient coordination between folk customs and national laws.The deficiencies in the construction of the "Fengqiao experience" system in the new era are mainly reflected in the insufficient understanding of the concept of the "Fengqiao Experience" by the governance subject,the insufficient ability of herdsmen’s autonomy,the insufficient guarantee of the rule of law in pastoral areas,the exclusion of moral governance,the palliative resolution of disputes leading to the recurrence of disputes.As a result,herdsmen often hesitate between choosing the law-based remedies for resolving disputes and choosing non-law-based remedies.Finally,some suggestions on the improvement of grassland dispute settlement mechanism in Xilin Gol Pastoral Area from seven aspects: enhancing the importance of dispute resolution in the pastoral area,improving judicial and administrative procedures in dispute resolution in the pastoral area,building a dispute resolution team that conforms to pastoral characteristics,leveraging the initiative of civil mediation organizations,promoting effective coordination between folk customs and national laws,improving the system construction of the "Fengqiao Experience" in the pastoral area in the new era,and proposing a dispute resolution strategy that can address both symptoms and root causes.