农村土地承包纠纷仲裁错案纠错探析

Analysis on Misjudged Case Correction of Rural Land Contract Dispute Arbitration

《中华人民共和国农村土地承包经营纠纷调解仲裁法》(简称《农地承包纠纷调解仲裁法》)的颁布实施,为政府解决农村土地承包纠纷提供了可靠的法律依据,推动了土地纠纷的有效解决,维护了农民的合法权益和农村社会的和谐稳定。但是,当前在土地承包纠纷仲裁方面,仍然存在法律不健全、仲裁人员法律知识水平不高、实践经验缺乏等问题,在仲裁中出现错案在所难免。本文在深入研究我国相关法律法规制度的基础上,结合各地农村土地承包纠纷仲裁实践,深入剖析纠纷仲裁中存在的现实问题,进行错案定性,指出了纠正农村土地承包仲裁错案的法律依据、操作程序及实践策略,为推动法治中国建设、农村治理现代化、农村社会和谐稳定、保障农民合法权益提供参考。

The promulgation and implement of ＂People＇ s Republic of China rural land contracting dispute mediation and arbitration law＂ has provided reliable legal basis for the government to solve the rural land contract disputes,and promoted the effective settlement of land disputes, safeguarded the legitimate rights and interests of farmers and the harmony and stability of rural society.However,at present,there are still some problems in the arbitration of land contract disputes, such as the unsound law,the low legal level of the arbitrators, and the lack of practical experience, and misjudged ease in arbitration is unavoidable.Based on the intensive study of the relevant laws and regulations system of our country ,with all the rural land contract dispute arbitration practice,the existing problems in dispute arbitration were analyzed,qualitative of the misjudged ease was conducted,the legal basis, procedures and practical strategies of the rural land contract arbitration eases were pointed out, so as to provide reference for promote the rule of law construction in China,rural governance moderuization,soeial harmony and stability in rural areas and safeguarding the legitimate rights and interests of farmers.