| Land acquisition compensation and resettlement disputes refer to disputes over land acquisition compensation and resettlement between the local government and land ownership entities(including land contractors and users)during the acquisition of rural collective land.In the practice of resolving land acquisition compensation and resettlement disputes,China has formed administrative reconsideration,administrative litigation,administrative mediation,petitions and other land acquisition compensation and resettlement dispute resolution mechanisms.However,the current dispute resolution mechanism for land acquisition compensation and resettlement has the following problems:administrative reconsideration has system defects;the scope of farmers’ remedies provided for in administrative litigation is too narrow,judicial review is not strong enough,and the cost of relief is too high.Ensure the openness,fairness and justice of the adjudication;the limited role of administrative mediation;and the lack of dispute resolution through the petition system.The main reasons for these problems are that China’s current legislation on dispute resolution mechanisms for land acquisition compensation and resettlement is not perfect,there is no synergy among dispute resolution mechanisms,the operation of various dispute resolution mechanisms is not smooth,and the relief channels are not smooth.China should proceed from reality,aim at the problems,and build a dispute settlement mechanism with Chinese characteristics for land requisition compensation and resettlement.The main contents are as follows: perfecting the relevant administrative reconsideration,administrative mediation,administrative litigation system,reforming the petition mechanism,effectively linking petition assistance with other relief mechanisms,and introducing the legal aid mechanism,so that the rights of groups in a weak position in land requisition compensation and resettlement disputes can be basically guaranteed.China should proceed from reality,aim at the problems,and build a dispute settlement mechanism with Chinese characteristics for land requisition compensation and resettlement.The main contents are as follows:perfecting the relevant administrative reconsideration,administrative mediation,administrative litigation system,reforming the petition mechanism,effectively linking petition assistance with other relief mechanisms,and introducing the legal aid mechanism,so that the rights of groups in a weak position in land requisition compensation and resettlement disputes can be basically guaranteed. |
