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Study on the Dispute Settlement Mechanism of Compensation for Land Requisition in Urbanization

Author: MiXiaoBo
Tutor: HuangZhuSheng
School: Guangxi Normal University
Course: Constitutional and Administrative Law
Keywords: Urbanization Land acquisition compensation disputes Settlement mechanism Administrative proceedings
CLC: D922.3;F301
Type: Master's thesis
Year: 2011
Downloads: 126
Quote: 0
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Abstract


Land acquisition compensation disputes is clearly now a very popular topic, with the development of urbanization, the rapid growth of land acquisition compensation disputes, and increasingly diversified and complex. Existing dispute resolution mechanism after several decades of development has been made in development, but also made great achievements, administrative litigation, administrative reconsideration, letters and other dispute resolution mechanisms have been established. However, to solve these disputes settlement mechanism independent of one another, the lack of effective convergence, can not form a cohesive force, increasingly unable to meet the growing needs of land compensation disputes the reality. Based on the perspective of urbanization, the urbanization process analysis stage of land acquisition compensation disputes frequent causes and solutions status quo, in the study of existing types of land compensation dispute settlement mechanism on the basis of their specific operation, exploration Constructing Urbanization the process of diversification of land compensation dispute resolution mechanism. Article is divided into four parts: the first part is the introduction. Introduces the land acquisition compensation disputes and land compensation dispute settlement mechanism origins investigated Expropriation relationship with the land acquisition compensation disputes, concise summary of the land acquisition compensation disputes settlement mechanism related research background and define their development status. Finally, this paper describes the research methods, as well as to solve the purpose of land acquisition compensation disputes the significance of this stage. The second part describes the process of urbanization of land compensation disputes. First analyzed the definition and characteristics of urbanization and urbanization based perspective on the land acquisition compensation disputes the basic defined and analyzed in the Perspective of urbanization of land compensation disputes with existing features. The focus of this section is to explore the process of urbanization of land compensation disputes frequent causes and manifested land compensation disputes with the past is not the same characteristics, and then examines the current status of land compensation dispute resolution, and on the basis of preliminary summarize the significance of land compensation dispute resolution. The third part is the process of urbanization in the land compensation dispute settlement mechanism and its operation. First, each resolve land compensation dispute settlement mechanism at this stage the main types of land compensation dispute resolution mechanisms to determine the specific scope of analysis; Second, analysis of land compensation dispute resolution mechanisms affecting choice of various factors and evaluation criteria, to explore people's various disputes resolution mechanisms influencing factors behind the choice and what criteria they are judged on the quality of a settlement mechanism; Finally, focusing on selected administrative litigation, administrative reconsideration, the petition and administrative mediation system that resolves a dispute several of the most common mechanism of specific research to study these systems in the context of the urbanization process of land acquisition compensation disputes the specific operation and the problems exposed, in order to explore how to improve the development behind these mechanisms, and on this basis to build a diversified characteristics of urbanization in China land compensation dispute resolution mechanisms to do a study of the premise. The fourth part is the last part of the article is based on the previous text to explore a road of urbanization with Chinese characteristics to adapt to the diversity of land compensation dispute resolution mechanism. First expounded a diversified construction land compensation dispute resolution mechanism should follow the path and a few basic principles that build a diversified land compensation dispute resolution mechanism must practice the concept of a harmonious society, comprehensive consideration of the interests of the government and the people, adhere to Chinese cities and towns of the road, and should follow the \Secondly, to explore building diversified land compensation dispute resolution mechanism of specific measures, dispute settlement mechanism in the existing deficiencies based on the analysis that should improve the administrative litigation system, reform of the petition system, reconstruction of administrative reconsideration system. Finally, diversification of land compensation dispute resolution mechanisms also need to develop a new dispute settlement mechanism, it should be a settlement in the administrative proceedings, administrative litigation mediation, adjudication of land requisition compensation system and other aspects of dispute prevention mechanism innovation to explore.

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