摘要
调处山林权属纠纷的常用方法有协商解决、行政裁决和司法裁决。协商解决的适用以山林权属纠纷的性质不属于单方违法行为和当事人自愿及以尊重事实为基础;行政裁决方法的运用以经过当事人协商没有解决和未经人民法院审理为条件;司法裁决方法的运用则以必经行政裁决程序和在规定期限内向人民法院起诉为前提。认为协商解决方法有利于协议的遵守和执行,有利于增强团结和促进社会的稳定,但调处的时间较长,耗费的财力和物力较多;行政裁决方法效率较高,能及时有效地处理山林纠纷,抑制"无理争山"现象,但易造成当事人之间的对立情绪,行政裁决后的执行效果不佳;司法裁决方法最具有公平性和公正性,所费人力财力物力最少,但裁决后的执行没有保障。根据浙江省的实际情况,从管理体制和解决机制以及政策和法律等视角,提出了在实践中正确运用3种调处方法的具体措施。
There are three common ways to mediate forest ownership dispute, namely, negotiation, administrative ruling and judicial arbitration. They apply to different conditions. Negotiation is based on the condition that the forest ownership dispute is not caused by unilateral illegal behaviors and parties concerned are willing to negotiate and respect facts. The application of administrative ruling is on the condition that the dispute can't be settled by negotiation or hasn't been tried by court. Judicial arbitration is applied only after the procedure of administrative ruling or by submitting the case to the court within the fixed time. Negotiation can facilitate both the abidance and enforcement of the agreement, and the social unity and stability. However, the deficiency of this method lies in the longer mediation and much cost of finance and materials. Efficient administrative ruling can effectively settle the forest ownership dispute in time and control the case of unreasonable dispute. However, the performing effect of this method is not good because it is likely to bring forth antagonism between the parties concemed. Although judicial arbitration is fair and just and with the least consumption of labor, money and material, the enforcement of the arbitration cannot be guaranteed. According to the actual conditions in Zhejiang Province and from the perspectives of management and settlement mechanisms, policies and laws, the specific measures in properly applying these three mediating ways are put forward.
出处
《浙江林学院学报》
CAS
CSCD
北大核心
2004年第2期198-202,共5页
Journal of Zhejiang Forestry College
基金
国家林业局科学技术基金资助项目(200107)
关键词
林业经济学
山林权属
纠纷
调处方法
比较
forestry economics
forest ownership
dispute
mediating ways
comparison
