Research On The Administrative Adjudication System For Disputes Over Ownership Of Natural Resources

The Ministry of Natural Resources was formally established in March 2018,announcing that the problem of fragmented management of natural resource issues and the more mixed functional departments in China has been broken,and the unification of functional institutions has also been realized,and all natural resource asset management responsibilities have been clarified to specific departments,laying the foundation for clarifying the ownership and property rights system of natural resources in China and promoting the supervision system of natural resource ownership issues.As a diversified system for resolving conflicts and disputes,administrative adjudication has the characteristics of less time consumption,low relative litigation cost and strong professionalism,which is conducive to promoting the efficient and rapid resolution of specific civil disputes,can greatly alleviate the pressure of the people’s courts on accepting cases,and play the role of "diversion valve" for resolving civil disputes.At the same time,with the many problems left over from history,some specific rules and factual determination of administrative rulings have not kept pace with the times,resulting in rigid application of legal provisions,which cannot fully protect the legitimate rights and interests of citizens,and even new disputes arise due to the issue of adjudication,resulting in "courts" and "adjudication organs" falling into an endless cycle,unable to reflect the thorough protection of citizens’ "rights and interests".Land tenure disputes,as one of the more serious and relatively large number of cases,are also the focus of this paper,and other resources can also apply land tenure disputes by analogy.The first part discusses the general theory of administrative adjudication of natural resource tenure disputes,further clarifies the concept,characteristics,nature and important stages of historical development of natural resource tenure dispute adjudication,discusses the administrative adjudication at a macro level,and secondly sorts out the legislative status of natural resource tenure dispute adjudication and clarifies the legal basis.The second part mainly analyzes the current situation of natural resource ownership dispute adjudication,starts from typical cases,expounds the actual problems arising in the current ruling from an objective perspective,and then discusses the current legislative status and implementation status respectively.The third part examines the adjudication of natural resource ownership disputes,discussing the imperfections of the system and the specific problems that exist,such as the lack of neutrality and independence of the adjudication subject;The legal basis is relatively scattered and backward,and the procedures are not standardized;Unclear avenues of redress;Long adjudication period and low efficiency;The lack of professionals and low social recognition are elaborated,and the adjudication of natural tenure disputes is reasonably analyzed from various aspects.The fourth part is to put forward corresponding suggestions and improvement measures for legal issues,including the independence of the subject of administrative rulings;Improve the corresponding basic laws and establish complete procedures;Determine the administrative adjudication relief system,establish a diversified dispute resolution mechanism,and strive to protect the rights and interests of rights holders in a diversified manner;Experimenting with the establishment of a pilot administrative adjudication;Improve social recognition and carry out legal popularization education.It is hoped that the above standards will be helpful to resolving disputes over the ownership of natural resources that have a long history and are more difficult,and reduce the difficulty of the work of adjudication organs and judicial organs.