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Land Dispute Settlement Mechanism Of Ecological Immigrant Village In Ningxia

Posted on:2021-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:S GuoFull Text:PDF
GTID:2416330611468440Subject:National Law
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Ecological migration is a public policy of both pro-poor development and ecological restoration,and the Ningxia Hui Autonomous Region has successfully carried out pro-poor development and ecological restoration since the implementation of the ecological migration project,but it also brought about a direct end to the traditional self sufficiency of the natural economy,which created a series of problems.A comprehensive survey of the existing land dispute settlement mechanisms in eco-immigrant villages shows the overall diversity of features,including administrative adjudication,administrative reconsideration and other administrative channels,as well as judicial channels such as litigation,there are also non-legal channels such as consultation and reconciliation and people’s mediation.But overall,the dispute has not been substantially resolved.There are two reasons for this: As far as non-legal channels are concerned,the people’s mediation system has been rendered useless due to the lack of resources and disputes over interests,and as far as legal channels are concerned,the villagers in the migrant villages have a weak sense of the rule of law,and it is difficult to afford the cost of time and money in the process of litigation,in addition to the various ways to achieve seamless integration,it is very easy to produce litigation and non-litigation dispute settlement mechanism counter-reaction.From the perspective of Comparative Law,the extraterritorial ADR system has low cost and short time,which can be used for reference to improve the settlement mechanism of land disputes in migrant villages.Therefore,on the basis of the excellent traditional legal system in China,a systematic land dispute settlement mechanism is constructed to improve the universality and practicability of the system.Specifically,in legislation,we should regulate the determination of land rights and ensure that disputes can be legally enforced;in law enforcement,we should strictly enforce the law to protect the legitimate rights and interests of farmers;and in the Administration of Justice,we should optimize the judicial mediation system for land disputes,in the aspect of popularizing law,we should send law to the countryside to improve the villagers’ legal consciousness and legal accomplishment.Through the construction of "citizen autonomy,social co-governance,multi-participation,judicial security" three-dimensional dispute resolution mechanism,in order to provide some reference for the settlement of landdisputes in ecological migrant villages.
Keywords/Search Tags:Land dispute, Ecological migration village, Settlement mechanis
PDF Full Text Request
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