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Mediation Of Land Ownership Dispute From The Perspective Of Public Governance

Posted on:2020-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:X D ZhangFull Text:PDF
GTID:2416330620958498Subject:Public administration
Abstract/Summary:PDF Full Text Request
Land is the basis for the survival and development of human society.With the continuous acceleration of urbanization in China,the rural population flowing into cities and towns is increasing,the value of urban land is increasing year by year,conflicts around land are becoming increasingly obvious,and disputes over land ownership are increasing day by day.Among the six central districts of guangzhou,baiyun district has the largest area of collective land and agricultural land.In the process of urbanization in baiyun district,land is bound to become the "sweet property" pursued by all parties.Disputes over land ownership caused by land expropriation and land registration are on the rise year by year.Although baiyun district has made some beneficial explorations and attempts to resolve the disputes over land ownership,the problems of long time of dispute settlement and high administrative cost have not been fundamentally solved,and further studies are needed.Since the reform and opening up 40 years ago,China's land ownership dispute resolution methods and means are still highly dependent on administrative adjudication by government departments.From the perspective of public management theory,such a single way of dealing with the inevitable problems of administrative failure.The theory of public governance emphasizes the power of the third party and breaks the dual structure of government and market.Thesis research on the theory of public governance theory Angle of view,to the guangzhou baiyun district as the study area,baiyun district land ownership disputes and mediation through the typical case study found that: the current land ownership dispute mediation is a long time,the current mediation effect ruling fairness,relief is limited,difficult investigation,the rural collective land ownership disputes of big issues,such as,in turn,to analyze the causes of problems,including imperfect laws and regulations,policy changes or absence of the ownership management leads to frequent problems left over by history,economic interests,property ownership subject consciousness weak,weak earthy land ownership dispute mediation mechanism.The alternative dispute resolution system in the United States,the land tribunal system in the United Kingdom and the pluralistic co-governance system in Hong Kong can provide us with useful enlightenment on the mediation of land ownership disputes.Should perfect our country land right belongs to dispute mediation,can begin from the following 3 respects: first,perfect right belongs to register management,use digital management idea and technology to strengthen the graph that immovable property registers belongs to file to build management integration,reduce thepossibility that dispute arises from the source.Second,we should improve the regulations on mediation of land ownership disputes,revise relevant laws and regulations according to the development of The Times,and establish a sound land legal system.Third,on the basis of the development of new mediation forces such as people's mediation and lawyers' mediation,the mediation mechanism of land ownership disputes in China should be explored and innovated.Fourth,to increase mediation personnel training.
Keywords/Search Tags:Mediation of land ownership dispute, Land ownership dispute, Public governance, Multiple co-governance
PDF Full Text Request
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