A comparative study of ways to mediate forest ownership dispute

CHEN Yong-fu; CHENG Yun-hang; LI Lan-ying; CHEN Kang-ming

Volume 21 Issue 2

Feb. 2017

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CHEN Yong-fu, CHENG Yun-hang, LI Lan-ying, CHEN Kang-ming. A comparative study of ways to mediate forest ownership dispute[J]. Journal of Zhejiang A&F University, 2004, 21(2): 198-202.

Citation:

CHEN Yong-fu, CHENG Yun-hang, LI Lan-ying, CHEN Kang-ming. A comparative study of ways to mediate forest ownership dispute[J]. Journal of Zhejiang A&F University, 2004, 21(2): 198-202.

A comparative study of ways to mediate forest ownership dispute

1.
.School of Economics and Management, Zhejiang Forestry College , Lin,an 311300 , Zhejiang , China;
2.
. Forest Enterprise of Lin,an City , Lin,an 311300, Zhejiang , China

Funds:

国家林业局科学技术基金资助项目(200107)

Received Date: 2003-12-29
Rev Recd Date: 2004-02-24
Publish Date: 2004-04-20

Abstract

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 .[ Ch , 2 tab .4 ref .]
- forestry economics,
- forest ownership,
- dispute,
- mediating ways,
- comparison

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通讯作者: 陈斌, bchen63@163.com

1.
沈阳化工大学材料科学与工程学院沈阳 110142

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A comparative study of ways to mediate forest ownership dispute

1. .School of Economics and Management, Zhejiang Forestry College , Lin,an 311300 , Zhejiang , China;

2. . Forest Enterprise of Lin,an City , Lin,an 311300, Zhejiang , China

Funds:

国家林业局科学技术基金资助项目(200107)

Received Date: 2003-12-29

Rev Recd Date: 2004-02-24

Publish Date: 2004-04-20

Key words:

Abstract: 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 .[ Ch , 2 tab .4 ref .]

A comparative study of ways to mediate forest ownership dispute

Abstract

References

Proportional views

通讯作者: 陈斌, bchen63@163.com

Related

Proportional views