基于社区发展的我国农村土地流转纠纷解决机制研究
发布时间：2018-10-29 19:18
【摘要】：农村土地流转是新时期促进农村经济改革的重要抓手,是盘活农村经济,加快农业产业结构调整的重要方式,更是发展农民权益的重要安排。由于流转中制度不完善、操作不规范等因素的影响,土地流转纠纷频发,损害农民土地利益也影响农村经济社会长足发展,是迫切需要解决的问题。在当前我国城乡统筹和新农村建设的背景下,农村土地流转纠纷的产生一方面反映了农村土地流转中不规范因素的存在,另一方面也反映了新时期农民土地利益诉求的空前高涨,这也使得农村土地流转纠纷表现出异于其他纠纷的政策色彩。同时,土地流转纠纷的解决涉及到土地利益分配和土地资源长足发展,农民与农村发展的重大问题,如何协调个中关系尤为重要。结合当前农村社区发展的经验和启示,本研究以社区发展为视角,坚持理论研究与实证分析相结合,着力探索实现农村土地流转纠纷和谐解决之路径。 在研究中,笔者首先从基本范畴确定入手,明确农村土地流转纠纷解决机制的相关概念,确定研究对象；同时进一步明确农村社区发展与农村土地流转纠纷解决机制之间的互促互利关系；并从生存权与发展权、社区发展权、利益与利益机制、权利救济和社会控制等理论出发对农村土地流转纠纷解决机制进行不同层面的阐述,奠定后文研究的理论基础。 其次,通过实证分析把握新时期农村土地流转纠纷多样性、易激化等特点,结合农村土地流转纠纷产生的政策、法律、管理服务等因素,从纠纷解决的机构设置、制度安排、解纷依据以及解纷效果等方面的不足入手分析当前农村土地流转纠纷解决机制的困境。通过考察英、法、德、日等国在土地流转及相关纠纷解决的实践,为我国农村土地流转纠纷解决机制的完善凝练可资借鉴的经验。 最后,结合我国国情,以农民权益保护、农村土地资源优化配置、农村社区和谐发展为基本理念,遵循从制度和谐到利益和谐、从纠纷解决到综合治理、从多元协作到以社区为中心的基本思路,从主体多元互动、制度多元衔接、规则多元协调,以及配套机制的完善与健全等方面着手,构建集纠纷预防与解决于一体的综合性农村土地流转纠纷解决机制。提出将农村社区和社区调解组织作为土地流转纠纷解决中各主体、环节连接的基本载体,通过社区参与和监督实现纠纷解决中三元理念的实现；建立以社区调解为中心联动调解机制,以土地仲裁为主的建立农业仲裁制度,通过其他制度的配套实施,全面提高农村纠纷基层化解的能力。
[Abstract]:The circulation of rural land is an important way to promote the reform of rural economy in the new period. It is also an important way to activate rural economy and speed up the adjustment of agricultural industrial structure. It is also an important arrangement for the development of farmers' rights and interests. Due to the influence of imperfect system and non-standard operation in the circulation, the frequent disputes over land circulation and the damage to farmers' land interests also affect the rapid development of rural economy and society, which is an urgent problem to be solved. Under the background of urban and rural planning and new rural construction, the emergence of disputes over rural land transfer reflects the existence of non-standard factors in rural land transfer. On the other hand, it also reflects the unprecedented upsurge of farmers' land interests in the new period, which makes the rural land transfer disputes show different policy color than other disputes. At the same time, the settlement of land transfer disputes involves the distribution of land interests and the rapid development of land resources. Combined with the current experience and inspiration of rural community development, this study takes community development as a perspective, insists on combining theoretical research with empirical analysis, and tries to explore the way to achieve a harmonious settlement of disputes over land circulation in rural areas. In the study, the author first from the basic category to determine, clear the rural land transfer dispute resolution mechanism related concepts, determine the object of study; At the same time, the relationship between rural community development and rural land transfer dispute resolution mechanism is further clarified. And from the survival and development rights, community development rights, interests and interest mechanism, rights relief and social control theory to rural land transfer dispute settlement mechanism of different levels, to lay the theoretical foundation for later studies. Secondly, through the empirical analysis to grasp the characteristics of rural land transfer disputes in the new period, such as diversity and aggravation, combined with the policy, law, management services and other factors of rural land transfer disputes, from the dispute resolution of the institutional setting, institutional arrangements, This paper analyzes the dilemma of the current dispute resolution mechanism of rural land circulation based on the basis of dispute resolution and the deficiency of dispute resolution effect. By investigating the practice of land circulation and related dispute resolution in Britain, France, Germany, Japan and other countries, this paper provides some useful experience for perfecting the dispute resolution mechanism of rural land circulation in China. Finally, considering the situation of our country, taking the protection of farmers' rights and interests, the optimal allocation of rural land resources and the harmonious development of rural communities as the basic concepts, following the principles of system harmony to benefit harmony, from dispute resolution to comprehensive management, From multiple cooperation to community as the center of the basic thinking, from the main body multiple interaction, system multiple convergence, rules and coordination, as well as the perfection and perfection of supporting mechanism, etc. To build a comprehensive dispute settlement mechanism of rural land circulation which integrates dispute prevention and settlement. The paper puts forward that the rural community and the mediation organization of the community should be regarded as the basic carrier of the connection between the main body and the link in the dispute resolution of land circulation, and realize the realization of the ternary concept in the dispute resolution through the participation and supervision of the community. Setting up the interlinked mediation mechanism with community mediation as the center, setting up the agricultural arbitration system with the land arbitration as the main body, and improving the ability of resolving the rural disputes at the grass-roots level through the supporting implementation of other systems.
【学位授予单位】：华中农业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.3;D926
本文编号：2298566
[Abstract]:The circulation of rural land is an important way to promote the reform of rural economy in the new period. It is also an important way to activate rural economy and speed up the adjustment of agricultural industrial structure. It is also an important arrangement for the development of farmers' rights and interests. Due to the influence of imperfect system and non-standard operation in the circulation, the frequent disputes over land circulation and the damage to farmers' land interests also affect the rapid development of rural economy and society, which is an urgent problem to be solved. Under the background of urban and rural planning and new rural construction, the emergence of disputes over rural land transfer reflects the existence of non-standard factors in rural land transfer. On the other hand, it also reflects the unprecedented upsurge of farmers' land interests in the new period, which makes the rural land transfer disputes show different policy color than other disputes. At the same time, the settlement of land transfer disputes involves the distribution of land interests and the rapid development of land resources. Combined with the current experience and inspiration of rural community development, this study takes community development as a perspective, insists on combining theoretical research with empirical analysis, and tries to explore the way to achieve a harmonious settlement of disputes over land circulation in rural areas. In the study, the author first from the basic category to determine, clear the rural land transfer dispute resolution mechanism related concepts, determine the object of study; At the same time, the relationship between rural community development and rural land transfer dispute resolution mechanism is further clarified. And from the survival and development rights, community development rights, interests and interest mechanism, rights relief and social control theory to rural land transfer dispute settlement mechanism of different levels, to lay the theoretical foundation for later studies. Secondly, through the empirical analysis to grasp the characteristics of rural land transfer disputes in the new period, such as diversity and aggravation, combined with the policy, law, management services and other factors of rural land transfer disputes, from the dispute resolution of the institutional setting, institutional arrangements, This paper analyzes the dilemma of the current dispute resolution mechanism of rural land circulation based on the basis of dispute resolution and the deficiency of dispute resolution effect. By investigating the practice of land circulation and related dispute resolution in Britain, France, Germany, Japan and other countries, this paper provides some useful experience for perfecting the dispute resolution mechanism of rural land circulation in China. Finally, considering the situation of our country, taking the protection of farmers' rights and interests, the optimal allocation of rural land resources and the harmonious development of rural communities as the basic concepts, following the principles of system harmony to benefit harmony, from dispute resolution to comprehensive management, From multiple cooperation to community as the center of the basic thinking, from the main body multiple interaction, system multiple convergence, rules and coordination, as well as the perfection and perfection of supporting mechanism, etc. To build a comprehensive dispute settlement mechanism of rural land circulation which integrates dispute prevention and settlement. The paper puts forward that the rural community and the mediation organization of the community should be regarded as the basic carrier of the connection between the main body and the link in the dispute resolution of land circulation, and realize the realization of the ternary concept in the dispute resolution through the participation and supervision of the community. Setting up the interlinked mediation mechanism with community mediation as the center, setting up the agricultural arbitration system with the land arbitration as the main body, and improving the ability of resolving the rural disputes at the grass-roots level through the supporting implementation of other systems.
【学位授予单位】：华中农业大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D922.3;D926
【引证文献】
相关硕士学位论文 前1条
1 郭慧娜;土地承包经营权流转市场纠纷解决机制研究[D];华中师范大学;2013年
，本文编号：2298566
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