农村集体财产纠纷解决模式之检讨

Review on Models for Disputes Settlement of Rural Collective Property

农村集体财产纠纷解决模式主要包括诉讼、仲裁、行政处理、调解、和解、信访等方式,这些解决模式于实务中各有利弊,纠纷当事人往往从自己利益角度出发进行选择。然而,为了切实地保护农村集体及其成员的利益,农村集体财产所有权和使用权权属纠纷由行政机关解决不妥,应由法院作为民事纠纷直接受理;土地征收标准纠纷不应以行政方式解决且产生终决性效力,应界定为民事纠纷,赋予法院享有此类纠纷的最终决定权;集体财产收益分配纠纷应明确引发纠纷的集体财产分配方案属于一种特殊法律行为类型,法院应受理此类纠纷。同时,现行农村承包纠纷仲裁存在的弊端甚多,应将其纳入《仲裁法》的仲裁范围。

Disputes settlement of rural collective property may take various measures as lawsuits, arbitration, administrative resolution, mediation, reconciliation, and letters and visits. While since such measures in practice have their own advantages and disadvantages, the parties concerned may select for their own benefit. However, for virtually protecting interests of the farmers' collective and its members, it is not proper for administrative departments to settle the disputes over the rural collective property ownership and the right to use, but such disputes should be settled by courts as civil disputes. Disputes over land expropriation criterion should not be finally determined by administration but be finally judged by the court as civil disputes. Similarly, disputes over collective property proceeds distribution should be settled by courts, specifying the distribution plan which arouses disputes as a special type of legal behavior. Meanwhile, since the present arbitration for disputes over land contract in rural area reveals lots of shortcomings, it is suggested to integrate it into the jurisdiction of the Arbitration Law.