Study On The Practice And Countermeasures Of Rural Land Contract Arbitration In Wenzhou Region

With the rapid development of urbanization and industrialization, the disputes and contradictions among the members of village-level collective had emerged in large numbers, as the result of the land requisition compensation, the placement of second and third industry index, and the ownership, resumption, adjustment, transfer of the contracted land. The disputes and contradictions showed the characteristic such as group nature, complexity and diversity. These problems were becoming the hot and difficult issues focused socially. At present, with the steadily pushing of the comprehensive reform of a unified rural-urban plan, the rapid development of rural economy, and the continuously strengthening of farmer’s awareness of safeguarding their rights, the contradictions arising by the land transfer,"three separate and three transform" and the qualification of the collective members, would emerge unceasingly.To effectively resolve the various disputes in the rural land contract, Wenzhou established the first municipal rural land contract dispute arbitration committee of China in2004. As a rural land contract dispute arbitration experiment unit of the Ministry of Agriculture and Provincial Agriculture Department in2005, Wenzhou had worked out a way for land contract disputes arbitration by a few years, which is "quasi-judicial plus quasi-administrative". Meanwhile, a serious exploration in organization establishment, institutional construction, procedure norm, case trial, research training had been conducted during this period, which received a great effect. Until2010, a total of1198land arbitration cases had been conducted by arbitration organizations. Arbitration organizations at all levels made great efforts to resolve the disputes locally, to defuse the contradictions at the basic level. It played an important role to provide a harmonious and stable social environment in rural during the construction of new rural.According to this background, the reasons and characteristics of land contract disputes were analyzed based on the collection and collation of1198cases of rural land contract arbitration in Wenzhou. The various disputes in the rural land contract which showed diversity, group nature and complexity, were caused by the introduction of preferential agricultural policy, the deficiency of legislation, the incompleteness of procedures, the weakness of foundation, the lack of management department and so on. The effect and inadequate of the land contract arbitration were summed up from the analysis of different aspects of the rural land contract arbitration, such as development process, institutions’ establishment, institutional innovation, team construction and professional training. Finally, the countermeasures for the future development of the rural land contract arbitration in Wenzhou were proposed in nine respects including organizational leadership, professional training, legal guarantee and institutional construction and so on.