Research On Perfecting The Arbitration System Of Rural Land Contract Disputes

In recent years,the rural land contract management disputes with the increase of land value and unprecedented upsurge,"time has changed" the legacy of the dispute is adding complexity.Ten years ago,the state incorporated the arbitration of rural land contract disputes into the settlement channels of rural land contract and management disputes,aiming to make it the core procedure to solve rural land contract and management disputes by giving full play to its professional,efficient and low-cost characteristics and by adapting to the spirit of "no lawsuit" and "harmony" of traditional Chinese culture.Throughout the development of the arbitration mechanism of rural land contract disputes,although it has further created diversified ways of dispute resolution and added support to the settlement of rural land contract disputes,it is obvious that the preset effect has not been achieved.The starting point of this paper is where the constraints of the rural land contract dispute arbitration system lie,and what are the reasons for restricting the advantages of the structure model.This paper is mainly based on theoretical analysis,through the current situation of rural land contract dispute arbitration to prove,after in-depth analysis of the causes of the actual situation of rural land contract dispute arbitration as a starting point,further targeted to put forward constructive solutions.Form put forward the problem-concept analysis-present situation display-cause analysis-countermeasure suggestion,in order to improve the rural land contract dispute arbitration system,reduce the implementation of obstacles,give full play to its function of dispute resolution,and realize social value.This text is divided into five parts:The first part is the proposal of the problem,through two typical judgment documents to reflect the existing problems of rural land contract management dispute arbitration.The settlement of rural land contract disputes has gone through three stages.The connection between rural land contract dispute arbitration and litigation is not smooth,the normal communication mechanism has not been established,and the arbitration award does not meet the conditions for the execution of the court;The authoritativeness of rural land contract dispute arbitration institutions is insufficient,and the enforcement of adjudication is unitary.The second part is about the basic theory of the rural land contract dispute arbitration system.This part is the basic theoretical link of the paper,mainly explains the four solutions of rural land contract disputes,the value of rural land dispute arbitration,the connotation and characteristics of rural land contract dispute arbitration system.Emphasized to solve disputes over the contracted management of rural land,one is the need to reconciliation,mediation,arbitration and litigation right on the mechanism of cohesion,2 it is to need to clarify in arbitration and litigation way of solving the disputes over the contracted management of rural land,will the system of the theoretical design and practical operations in the refining of dispute resolution,better play to the functions of dispute resolution.The third part is the analysis of the present situation of rural land dispute and rural land contract dispute arbitration mechanism.The empirical analysis in this part insists on data as the main line and the research thinking of "full preparation and problem awareness--field research,obtaining primary data--summarizing problems and condensing experience".Through investigation and analysis of the current situation of rural land contract dispute arbitration,including the number of rural land contract management disputes,the difficulty of solving,the acceptance of arbitration institutions,the current situation of the connection between arbitration and litigation analysis.The fourth part enumerates the existing predicament of rural land contract dispute arbitration.It mainly includes that the scope of arbitration is small and its coverage needs to be improved;The mode of "arbitration or trial" hinders the development of arbitration advantages;The connection between arbitration and litigation is not smooth,and the arbitration function is weakened;The enforcement means of arbitration decision is single,and the enforcement of arbitration award is difficult.It is the sublimation and summary based on the third part.The fifth part is the concrete measures to improve the arbitration mechanism of rural land contract disputes.First of all,it is clear that the value orientation of rural land contract dispute arbitration is the basic premise.Followed by a series of radical countermeasures,through strengthen the arbitration case shall the legal basis,appropriate to expand the arbitration jurisdiction,to establish a "arbitration front" trial mode,gives part of the final arbitration function,execution means diversification,guarantee execution of arbitral awards,improve the supporting comprehensive measures,improve the arbitration availability measures such as strengthening functions of dispute solution of the rural land contract disputes to arbitration.Finally establish a benign interaction mechanism,the construction of a diversified,multi-level system of dispute resolution,including to secondary phase modulation combined with related department to cooperate,also including the flow of rural land disputes arbitration and the court of cohesion,the rural land dispute settlement mechanism as a whole,rather than single and talk about rural land dispute arbitration mechanism.