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Rural Land Contract Disputes Mediation System

Author: ZhouYan
Tutor: ZhangLiPing
School: Xiangtan University
Course: Legal
Keywords: rural land contracting disputes Court Mediation Arbitration andMediation People’s mediation Administrative mediation
CLC: D926
Type: Master's thesis
Year: 2012
Downloads: 2
Quote: 0
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Abstract


China is a large agricultural country, the farmers’ land problem is the people’slivelihood, major problem. After the reform and opening up, China’s implementationof household contract management integrates unified with separate two-tiermanagement system, greatly mobilized the enthusiasm of farmers. However, with thecontinuous advance of China’s reform and opening up and the market’s rapideconomic development, land supply and demand and maximize the benefits of thepursuit and other factors will also highlight the various contradictions in the rural landcontracting, the formation of a variety of rural land contract disputes. If these disputesare not resolved in a reasonable, not only harm the interests of farmers, will causeconfusion in the entire social order. Therefore, benign regression of the order of therural land contracting for the purpose of exploring a set of effective rural land contractdisputes settlement mechanism is imminent.Based on this definition of the main types and characteristics of the rural landcontract disputes from the start, the use of the Law the basic principles of analysis ofthe reasons for the formation of the rural land contract disputes, the mediation systemand to arbitration, mediation and court mediation proceedings, the people mediation,administrative mediation on the basis of the status quo described as the representativeof litigation mediation system, combined with the actual situation of China’s rural andthe rule of law, from litigation and the litigation, put forward the idea of theImprovement of the rural land contract dispute resolution system.Compared with other studies of rural land contract disputes settlementmechanism of the article, this article tends to be useful and practical. The vast ruralareas is an "acquaintance society", mediation is more fit in rural areas of mutualdependence, will not destroy the village’s existing regulatory mechanisms, inparticular arbitration and mediation, the people’s mediation, administrative mediationon behalf of the litigation mediation system to resolve rural land contract disputesmore unique. I own point of view and solutions to solve some common problems inthe practice of rural land contract disputes, in order to raise more in-depth study foracademics and practitioners, and concerned about the rural land contract disputes beresolved colleagues share

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