我国林权纠纷非诉解决机制的困境及其突破

Dilemma and Prospects of Non-litigation Settlement System of Forest Property Dispute

林权纠纷根据法律属性可分为林权民事纠纷、林权行政纠纷和林权刑事纠纷,实践中最主要的是林权民事纠纷。我国林权民事纠纷主要通过非诉方法解决,但实践中面临诸多困境,主要包括法律效力低、政府依赖性强、解决机制类型单一和生态公益性缺失等。对此,应通过提高非诉解决方法的道德舆论效力、成立行业性非诉纠纷解决组织、培养优秀的专业调解员、适当提高调解的公开度以及建立有效的调解责任追究机制和经济激励机制等来作有效应对。

According to the law attributes, forest property disputes can be divided into civil disputes, administrative disputes and criminal disputes, and in practice the most involved is civil disputes. China＇ s civil disputes of forest property are resolved primarily through non -litigation settlement system, but in practice, non- litigation settlement system faces many difficulties, mainly including the low force of law, strong government- dependence, few settlement mechanism applied and lack of ecological and public services and so on. In order to improve the ability to deal with forest property disputes, the following measures can be taken, such as increasing the moral power of non - litigation settlement system, establishing industry- based non -litigation dispute resolution organizations, training excellent professional mediators, appropriately increasing the openness of mediation, and establishing an effective accountability mechanism for mediation and an economic incentive mechanism.