The Disputes On Ownership Of Land Rights

The categories of disputes on ownership of land rights and the causes of its formation as well as the various ways to resolve them can reflect the main characteristics of a country's land institutions from different perspectives. The disputes on ownership of land rights and the ways to resolve them are important to the stability and definitude of land rights. Therefore, to make a research on such problems is significant.The main considerations and purpose of this paper is that the expatiation on the course of the reformation of land institutions will make clear to the close relationship between ownership of land rights and land institutions, discover the historical burdens and institutional dilemmas hided behind the disputes on ownership of land rights. These burdens and dilemmas put forward some special requirements to the definition, the categories, their legal characters of disputes on ownership of land rights and the approaches to resolve them. Basing on such special requirements, this paper will set a new criterion to definite and make categories of disputes on ownership of land rights and make a comprehensive analysis on the legal characters of such disputes and why it is necessary to resolve such disputes in different ways and what the problems are of current ways.The role of the second chapter is to make an expatiation on the historical evolvement of land institutions and ownership of land rights. Such analysis is not only to introduce the brief course of ownership of land rights, but also to penetrateand discover the role of government in the ownership of land rights and the institution dilemmas arising from such role. Either in rural or in urban areas, the importance of land itself and the devious development course of land institutions brought many challenges to the resolution of disputes on ownership of land rights. The history and changes of land policies hided behind the disputes on ownership of land rights make it necessary for the government and the court to seriously resolve each such dispute, especially those arising from historical reasons. The land institutions have not only made a frame of relations of land ownership and rights to use land, but drown a clear boundary for the power of government to regulate the use of land. A dual construction of land ownership in China, where the urban land belongs to the country and the rural land is owned by farmers collectively, and the double roles of government, where the government is the owner of land and the administrator at the same time, both play important roles to the ownership of land rights and make out some special characters of disputes on ownership of land rights. It all need us to seriously face the role of government in the course of resolving such disputes.The definition and causes of formation and its main categories of disputes on ownership of land rights as well as the different legal characters of such disputes will be discussed in the third chapter. There are two main views about the definition of disputes on ownership of land rights. This chapter will firstly make them clear and make an assessment on these views. According to muck practice, the writer thinks one of the two views is right. Because of the current land institutions of China and the special historical and practical reasons, the writer thinks that the dispute on ownership of land rights is such a very complicated concept that we can't definite it basing on a very simple and unitary standard to make clear of its legal characters. This paper put forward a complex frame to category different disputes on ownership of land rights, such as constitutional disputes, administration disputes and civil disputes respectively.Followed the above two chapters, the forth chapter respectively discusses the different ways to resolve disputes on ownership of land rights where it is a civil dispute or administration dispute, such as the negotiation and mediation, the administrate arbitration and the litigation in court. The main purpose is to answer whyeach way is necessary to resolve these...