The Study On Resolving Of Land Disputes

Land disputes have multiplied in recent years and can not be resolved in time, and rural areas are becoming the most concentrated areas of social contradictions and conflicts nowadays, so how to handle land disputes becomes an important academic topic.In order to deal with land disputes effectively we must have a clear understanding of the concept and characteristics of land disputes. Land disputes is one kind of civil disputes that results from parties striving for and maintaining rights and interests of land, basing on the specific relations in the land .Land rights is the core of land disputes, which also has some features,such as complicated causes,various kinds and difficulty in dealing with.Land disputes, according to the role of government in the formation and processing of it, can be divided into private right type of land disputes, ownership type of land disputes and the type of land expropriation and requisition. Private right type of land disputes is pure civil disputes. They can be resolved by ways of resolving civil disputes without participation of government. However, government should actively guide the resolving of private rights disputes through legal ways to resolve such as civil litigation and actively expend the channels of treatment about private right type of land disputes, such as the establishment of mediatory station of land disputes in rural areas.Ownership of land disputes is application that parties claim their rights about the land whose ownership is not clear yet. They are difficult to resolve because of the blocked relief channel, ignoring the rights of the parties, lack of legal responsibility of the government and the negative influence of judicial review on handling the disputes,which easily lead to a situation that the resolving process has a vicious circle of"the government confirm the right and the court overrule the right"or that the resolving can not be decided for the government is afraid to assume responsibility of lose a administrative lawsuit. It is suggested that ownership type of land disputes should be defined an administration petition act and the government should vest in the ownership of land to party or parties through the way of administrative decision rather than the way of mediation. The court should empower the government fully, and specify the obligation of government in period of time. Ownership type of land disputes should be excluded from the judicial review because of the complex region and difficulty in resolving.The type of land expropriation and requisition is essentially the game playing between the public right of government and the legal right of parties. The problems in resolving this type of land disputes center on the following three aspects: unclarity of public interest, low compensation standard, unjust procedure. It is suggested that public interest be defined by listing technique, expropriated land be valued by the way of market mechanism and the government act of land expropriation be brought to the judicial review, in order to protect the legitimate interest of parties from being invaded by the extension of public right.