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A Study on The Function of Dispute Resolution for Easement of Real Estate

Author: WuJianPing
Tutor: CaoPei
School: Shantou University
Course: Administration
Keywords: Adjacent relationship Dispute resolution mechanism Habit Substantive legal norms Program
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 95
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Abstract


With the social and economic development , and real estate use patterns after another , lead to the adjacent relations disputes the reason for the ever-changing . Adjacent relationship and our imperfect legislation , there is a certain degree of difficulty of the administration of justice , adjacent relations dispute can not be satisfactorily resolved . Neighborhood relations harmony is an important part of a harmonious society , therefore , the significance of adjacent relations dispute resolution mechanism to promote the building of a harmonious society . I found in the theoretical study , scholars generally agree that the neighboring relationship is difficult to be resolved disputes An important reason is the imperfect legislation , law operability is not strong , therefore , most of the studies have focused at the theoretical level and legislative level . With the endless use to change the way in which real property in the current economic and social environment , technological advances , adjacent relationship type , address adjacent relations disputes not only rely on a sound legal system , or to improve the channels for the administration of justice , and need a complete set of mechanisms to regulate adjustment. This mechanism is not only relatively mature legal systems based , impartial judicial channels for the protection , but also the need to standardize administrative mediation and social mediation as auxiliary Moreover , the current administrative mediation and social mediation to resolve adjacent relations disputes occupy a very an important role , especially in rural areas , most of the neighboring relations disputes are resolved through social mediation . Author used the method of the study of the sociology of law , literature analysis , comparative studies , empirical research and normative research study adjacent relations disputes from the overall perspective , the combination of theoretical and empirical investigation , dispute resolution lays out the adjacent relationship the whole picture of the mechanism , including the four levels , and each level is different from the role of the division of labor in the settlement mechanism : the the entity legal norms based on social mediation is the primary means of administrative mediation is an important channel for the administration of justice is the ultimate protection . And cooperate with each other through four levels of study , found that the most crucial issue of all levels , and try to find a solution measures .

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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