Return of procedural rationality of rural land arbitration system under the governance of litigation source
【Abstract】 The arbitration system of rural land contract management disputes leads to the incompleteness of the resolution of rural land disputes and seriously affects the stability of rural grass-roots social order due to the parallelism of dispute resolution mechanism, the administrative setting and composition of arbitration committee, and the lack of effectiveness of arbitration award. Litigation source governance advocates resolving disputes at the source and controlling litigation increment. China should implement the pre arbitration system in combination with the requirements of litigation source governance. On this basis, we should rationally recognize the civil attribute of rural land disputes, appropriately weaken the administrative nature of the Arbitration Commission, limit the compulsory power of evidence collection of the arbitration tribunal, and endow the award with the effect of finding out the facts, so as to realize the return of procedural rationality of rural land contract management dispute arbitration system.
【Key words】 litigation source governance； land disputes； arbitration system； procedural rationality；
- 【文献出处】 湖南农业大学学报(社会科学版) ,Journal of Hunan Agricultural University(Social Sciences) , 编辑部邮箱 ,2021年05期