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Research of the Mechanism for Settling Forest Rights Disputes

Author: XiaoYiRu
Tutor: ZhouXunFang
School: Central South University of Forestry Science and Technology
Course: Environment and Resources Protection Law
Keywords: Forest ownership disputes Non - litigation settlement mechanism Litigation settlement mechanism Diverse Resolution Mechanism
CLC: F326.2
Type: Master's thesis
Year: 2009
Downloads: 75
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Abstract

The forest rights disputes is two or more parties dispute occurs, both the dual nature of administrative disputes and civil disputes surrounding the ownership and use of forests, trees attribution. Diversified forest rights disputes settlement mechanism is made from a wide variety of disputes to resolve its specific functions and features forged a complementary adjust the system to meet the diverse needs of the social subjects, including non-litigation settlement mechanism and litigation settlement mechanism. Non-litigation settlement mechanism is a group for the parties any ways to avoid formal adversarial litigation and non-litigation of the dispute settlement mechanism of the forest right mainly by negotiation, mediation, administrative rulings, administrative reconsideration and arbitration constituted. Forest rights litigation disputes settlement mechanism includes two forms, that refuses to accept the administrative decision made by the local people's government to initiate administrative proceedings, as well as forest land contract and management rights disputes with civil litigation. Non-litigation settlement mechanism than litigation settlement mechanism more flexible, more convenient, lower-cost advantages, have been widely used in the settlement of forest rights disputes. Litigation settlement mechanism is still unresolved after non-litigation settlement mechanism last remedies, litigation settlement mechanism than non-litigation settlement mechanism program more complicated, but this is the most authoritative kinds settlement mechanism, and therefore has an important position in the settlement of forest rights disputes. China's current situation, the lack of communication and interaction between non-litigation and litigation settlement mechanism, affecting the run of diversified settlement mechanism. More arbitrariness in non-litigation settlement mechanism, the results of this agreement, the fairness of mediation susceptible to mediation the quality of personnel, and mediation institutions weakness; protection as well as a unified administrative adjudication procedures, lack of implementation of the purposes of administrative rulings, convergence between the administrative adjudication and reconsideration poor; arbitration, surviving in the lack of judicial oversight system. Mechanism of action, the high cost of litigation. These problems not only affect the effects of forest rights dispute resolution, and set up obstacles for the diversification of the establishment and improvement of the settlement mechanism. Perfect diversification settlement mechanism should be effective interface between non-litigation and litigation settlement mechanism, including the interface between the administrative mediation, administrative rulings and arbitration and litigation. Solution in a variety of non-litigation settlement mechanism should be strictly limited applicable conditions of the negotiation and mediation, improve the mediation organization, clear convergence administrative reconsideration and litigation, to establish a unified administrative adjudication procedures limit system the judicial supervision of the Court of Arbitration rights. In the proceedings, the parties to the litigation costs should be reduced. Thus, in order to give full play to the various dispute resolution role in addressing forest tenure disputes.

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