农村土地纠纷的社会基础及其治理思路

Social Foundations and Prospective Administration of Rural Land Disputes

研究目的:探究农村土地纠纷大量产生的社会基础及其治理思路。研究方法:文献资料法、实地调查法、资料综合分析法。研究结果:当前农村土地纠纷大量产生有其深刻的社会背景和基础.包括政治的、经济的、观念的、行为的、制度的和体制的,只要这些基础和条件存在,农村土地纠纷就会源源不断地产生。因此,解决农村土地纠纷远非事后救济以及救济方式的选择那么简单,而需要深化改革,逐步消解体制性矛盾;完善法律,合理界定利益边界;正视现实,实现制度兼容;尊崇法治,理性选择纠纷解决机制。研究结论:构建解决农村土地纠纷的长效机制应致力于消解纠纷产生的社会基础。

The purpose of the study is to probe into the social foundations and possible solutions to large quantity of rural land disputes. Methods of literature review, field investigation, and synthetic analysis were employed. The results indicate the large quantity of rural land disputes come into being currently as a result of the profound political, economic, ideological, behavioral, institutional and system-related social backgrounds and foundations. Land disputes would be inevitable if only such foundations and conditions exist. Therefore, the solving of such disputes is not that simple as the present practice of post-relief and the mode selection of such relief. Instead, it demands further reform to dissolve systematic contradictions and the improvement of laws to define interest boundary reasonably. It is also essential to face the reality for systematic compatibility and to respect the legislation for rational dispute-settlement mechanism. The paper concludes the construction of controlled release mechanism should apply itself to the clear-up of these contributing social foundations.