综合考察全国的经济发展和地位历史情况,课题组选择山西省兴县,湖北省应城市,江苏省南京市江宁区横溪镇,浙江省嘉善县加以考察。农村纠纷的主要形势是:宜耕地区土地承包经营权纠纷十分普遍;征地补偿的矛盾和纠纷各地普遍存在;发达地区宅基地流转纠纷突出;沿海发达地区外来人口大量涌入挑战社会管理。当前农村各地灵活调处土地纠纷,取得了一定的成功经验,但也存在司法救济渠道不畅、土地纠纷难以通过司法解决,而且在发达地区执法规范和执法效果难以兼顾等问题。
<<After comprehensively taking into consideration the national economic development,status and history,four places were selected for research by the special research team from the Law Institute of CASS,which is as follows:Xing County in Shanxi Province,Yingcheng city in Hubei province,Hengxi Town in Jiangning District,Nanjing,Jiangsu province,and Jiashan County in Zhejiang province.The main disputes in rural areas include:(1)the right dispute about land for operation is quite common,(2)contradictions and disputes over land requisition compensation prevails,(3)disputes over purchase of housing land in developed areas are prominent,(4)large influx of migrants into the developed coastal areas challenges the society management.We found some successful experiences of flexibly handling land disputes in rural areas,but the following questions ought to be emphasized:(1)the channel for judicial relief is not smooth,(2)land disputes are difficult to be resolved by law,and(3)result and standard of law enforcement are difficult to balance.
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