Research On Administrative Adjudication Of Grassland Ownership Disputes

The system of administrative adjudication is one of the ways to solve disputes,and the perfection of the system of administrative adjudication plays an important role in the construction of diversified dispute settlement mechanism.In the settlement of disputes,the executive branch entitled to make a ruling is more familiar with the facts of the dispute,has a higher degree of professionalism required for the settlement of the dispute,and has a natural advantage in the settlement of specific related issues.In reality,although the relevant departmental laws have made corresponding provisions on administrative adjudication,the utilization rate of this system has been very low for various reasons,the parties will not be in the event of a dispute often will not be an administrative decision as a means of settlement.In the four years from2017 to 2020,for example,there were 145 civil cases and 38 administrative cases relating to the right to the Inner Mongolia in the Xilingol League.However,only 5 cases of grassland right disputes have been adjudicated by administration.Of these,4 cases were resolved and 1 case was pending.It can be seen that the total number of the two is out of proportion.This article will be divided into four parts on China’s grassland ownership dispute administrative adjudication system in detail,with the specific case of Xilingol League as a starting point,to explore the system’s theoretical and practical significance,this paper analyzes the limitations of the administrative adjudication system of grassland right under the current legislative conditions,and studies the extraterritorial law,compares and draws lessons from the legislative models and judicial practices of other countries,from the aspects of legislation,judicature and so on,this paper leads to the thinking of establishing and perfecting the administrative adjudication system from the practical level of administrative judicature in our country,and finds out the existing problems of our country’s existing system,and to these questions proposed has the pertinence and the practical improvement suggestion.