Research On Land Dispute Resolution Mechanism In Taihang Anti-Japanese Base Area

The judicial work in the base period is very creative and seeks the answer to the judicial problems encountered in the judicial work from the judicial practice.System design and judicial practice or consistent,or deviate,are determined by judicial practice.All kinds of practice show different patterns of judicial operation in different base areas.Each base area has its own characteristics,and the settlement mechanism of land disputes in Taihang Anti-Japanese base area also presents its characteristics.Land dispute resolution mechanism is an organic whole of various interactive and interrelated methods and systems designed and constructed to alleviate or eliminate land disputes.In the process of land dispute resolution in Taihang area,in addition to responding to the design of dispute resolution system in Jin-Ji-Lu-Yu border governments,the orderly convergence of various ways of resolving disputes in the practice of land disputes is also an effective driving force for land dispute resolution.It can be seen from the judicial archives and the decree of the border government in Taihang area that in the process of orderly convergence of mediation and litigation,the endogenous authority of the village chief,a grass-roots organization,has played an important role in it and is an important force in the smooth progress of land dispute resolution.This paper takes 19 cases of land disputes recorded in the judicial archives of Taihang area during the War of Resistance against Japan and the land decrees and policies related to the Jin-Ji-Lu-Yu border government as the research object.The land dispute resolution mechanism in Taihang area during the base period is deeply studied.In addition to the introduction and conclusion,this paper mainly includes four parts.The first part combs the content and characteristics of land disputes in Taihang Anti-Japanese base area.Land disputes in Taihang include land ownership disputes,land sale disputes,land inheritance disputes,land foreclosure disputes and land tenancy disputes.The overall instability and local stability during the War of Resistance against Japan are the main background of land disputes in this period.In this period,the local society in Taihang area is strong,but the land disputes are mostly land disputes between equal subjects.At the same time,tolerance,concessions,delay in dispute resolution attitude reduced,more in the form of redress of grievances.The second part sorts out the content of the land dispute settlement mechanism of the Taihang Anti-Japanese Base.In the process of resolving land disputes in the Taihang Anti-Japanese Base Area,the decrees issued by the Shanxi-Hebei-Luyu Border Region Government and some laws issued by the National Government are their sources of law,and the settlement of land disputes is set to use mediation as the pre-procedure,and arbitration The special way of handling land disputes,litigation is the last resort.However,the practice of land disputes is not completely consistent with the design of this system.It can be seen from judicial archives that most land disputes during this period were resolved through mediation,but in the end they were resolved through litigation.Endogenous authorities in rural society,Qu-gong-suo and County government are the main subject in the process of resolving land disputes.The third part analyzes and summarizes the characteristics of land dispute resolution mechanism in Taihang Anti-Japanese base area.In the process of land dispute resolution in Taihang area,in addition to the land dispute resolution mechanism,the dispute resolution subject and the dispute subject are also part of the smooth operation of the dispute resolution mechanism in Taihang area.Mediation,arbitration and litigation have their own characteristics in resolving land disputes.Taihang base area mediation methods are diverse,to respect the wishes of the parties as the principle of mediation.In the process of case trial,active judicature,in-depth investigation of the facts of the case,and the basis of adjudication are diverse.The design of arbitration system is perfect,but it is obviously absent in practice.Mediation,litigation two ways of resolving disputes in practice orderly convergence.First,the mediation and mediation of county government approval order can not be reported to the county government to deal with the procedure convergence mechanism;secondly,the case as the carrier of the judicial guidance mechanism;moreover,the solution of the result of the implementation of the convergence mechanism.The orderly connection of dispute resolution makes land disputes solve efficiently.In addition to the system design,such as the grass-roots organizations and judges represented by the village chief,and the people in the Taihang base area to safeguard the rights in order to obtain a fair judgment are also the help of the smooth operation of the land dispute resolution mechanism in this period.The fourth part explores the modern enlightenment of land dispute resolution mechanism in Taihang Anti-Japanese base area.First,the land dispute settlement mechanism in Taihang area during the period of base area provides a reference for the perfection of the contemporary land dispute settlement mechanism,that is,on the basis of perfecting all kinds of dispute settlement methods,the connection between the communication and settlement methods is provided.Second,through the cultivation of rural endogenous authority and judges active justice to achieve the goal of resolving disputes.Finally,send the law to the countryside,improve the feelings of the people’s law,promote the solution of the process of convergence.