Study On The Settlement Of Disputes Over Ownership Of Land Or The Right To The Use Of Land

With the sustainable development of social economy,the value of land is rising,and the disputes of land ownership or the right to the use of land are becoming more and more prominent.Under the existing land management system,there are some drawbacks,such as overlapping power of departments,lack of laws,overlapping of institutions,etc..Which not only make the disputes unsolved in time,but also increase the difficulty and cost of settling disputes.Seriously affected the promotion of the unified registration system of real estate.Because of this,improving the current dispute mediation system from the management departments,the legal system,the mediation procedures,and so on,so that it can be matched with the unified registration system of real estate,will help to improve the efficiency of dispute mediation,reduce the cost of dispute mediation and to safeguard the legitimate rights of the public,more can protect the implementation of the unified registration system of real estate in China.On the basis of studying the connotation and current situation of dispute,this paper takes the theory of transaction cost and the theory of institutional change as the theoretical basis.Combined with the statistical analysis of typical cases,this paper analyzes the advantages and limitations of the current ways of land ownership dispute mediation from two angles of empirical and theoretical analysis,and combines the innovation of the pilot reform of the domestic,the paper puts forward the aim and countermeasures of improving the system of land ownership dispute mediation in China.The specific analysis and research are mainly carried out from the following aspects:First,starting with the definition of the connotation of land ownership dispute,the author puts forward that the construction of land ownership dispute mediation system should be based on the theories of property right,transaction cost,system change.And explore the rules of game selection of all parties to the dispute,so as to provide theoretical support.to establish a low-cost system.Second,according to the investigation by the Ministry of Land and Resources on the situation of land ownership disputes in 2015,the current land ownership disputes are mainly concentrated in the county scope.The disputes about the right to use state-owned land only account for 16.26%,the remaining disputes are all related to rural land,accounting for 83.74%.Among the main bodies of the dispute,villagers’ groups,villagers’ collectives and other collectives have the largest number of disputes,accounting for 36.59%.It is found that the current land ownership dispute is mainly concentrated in rural areas,and the improvement of land ownership dispute mediation system should also focus on the object involved in the rural land ownership dispute,the participants and the stakeholders involved.Thirdly,the reasons of land ownership disputes are summarized and analyzed from the confusion of ownership arrangement brought by the relevant institutional changes,the gradual prominence of land interests under economic development and the defects in social governance.Through the statistics of typical cases,it is found that land ownership disputes caused by historical legacies and unclear ownership sites account for 64.23%,most of the disputes come from the instability of property rights caused by institutional changes,including the inconsistency between the rules of multivariate confirmation of power and the formal ownership system in rural areas.Part of the controversy has been caused by registration errors or irregularities in transactions.Fourthly,the author distinguishes the different stages of the land ownership dispute,and analyzes the limitations of the system from the perspective of transaction costs.Before the dispute mediation,the limitation of the current system lies in the lack of prevention mechanism and early warning mechanism for dispute.In the dispute mediation,the authority of consultation and mediation channels is insufficient,and the professionalism needs to be strengthened.Disputes involving the government and other public departments are not suitable for consultation and mediation.After dispute mediation,there is a lack of special follow-up feedback and monitoring mechanism for the implementation of mediation results.On the choice of mediation approach,the cost of administrative mediation increases gradually with the complexity of the mediation procedure,at the same time,when the government as the subject of dispute participation,its impartiality will be questioned.However,due to the establishment of the procedure,the judicial procedure increases the cost of mediation and treatment.At the same time,because the court hears the judgment opinion and behavior of the government on the land ownership dispute,the settlement of the land ownership dispute ultimately depends on the government’s handling.In the process of mediation,the subject of dispute should bear the costs of litigation,and the courts and government departments also spend public resources continuously,resulting in the increase of costs.Fifth,the proposal to improve land ownership dispute mediation approach.Based on the analysis of the current situation of land ownership dispute and different stages of mediation,combined with the experience of the pilot area of land ownership dispute mediation reform,the starting point of this paper is to save costs and improve efficiency.Put forward land ownership dispute mediation optimization and improvement of the proposal in stages.It mainly includes constructing the prevention mechanism of ownership dispute,standardizing the procedure of mediation,perfecting the setup of mediation organization and diversifying the ways of mediation.