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

Turn off MathJax

Article Contents

Article Navigation > Journal of Zhejiang A&F University > 2004 > 21(2): 198-202

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

Relative Article

[1]	LIAO Wenmei, QIN Keqing, TONG Ting, PENG Taizhong. Coupling relationship between urbanization and forest ecological carrying capacity on the Yangtze River Economic Belt . Journal of Zhejiang A&F University, 2019, 36(2): 349-358. doi: 10.11833/j.issn.2095-0756.2019.02.017
[2]	LI Jia, GU Lei, ZHU Weiqiang, SHI Yongjun, JI Wei, ZHENG Yifeng. Economic benefit of carbon sequestration project of CCER bamboo forest management in Anji County, Zhejiang Province . Journal of Zhejiang A&F University, 2018, 35(4): 581-588. doi: 10.11833/j.issn.2095-0756.2018.04.001
[3]	HU Xiaojun, XU Jingqin, HE Danhua, ZHANG Nianru, ZHENG Yifeng. Households' willingness to develop under-forest economy and its determinants in collective forest areas of Zhejiang . Journal of Zhejiang A&F University, 2018, 35(3): 537-542. doi: 10.11833/j.issn.2095-0756.2018.03.020
[4]	ZHANG Xiaomin, SHEN Yueqin, CHENG Limin, MEI Yuqing, CHEN Jun, FANG Qiushuang. Determinants of collective economic organization members' willingness to participate in equity circulation . Journal of Zhejiang A&F University, 2017, 34(2): 197-206. doi: 10.11833/j.issn.2095-0756.2017.02.001
[5]	SHU Bin, SHEN Yueqin, HE Yongbo, ZHAO Sijia, LIU Hongyan. An empirical analysis of forestry subsidies' impact on farmer households' forestry investment in Zhejiang Province . Journal of Zhejiang A&F University, 2017, 34(3): 534-542. doi: 10.11833/j.issn.2095-0756.2017.03.020
[6]	CAO Shuying, XU Xiuying, WU Weiguang. A comparative analysis of household livelihoods in Zhejiang mountainous areas under the background of farmer households differentiation . Journal of Zhejiang A&F University, 2017, 34(1): 161-169. doi: 10.11833/j.issn.2095-0756.2017.01.022
[7]	NING Ke, SHEN Yueqin, ZHU Zhen, XU Cuixia, HUANG Jiangqin. Household's production behavior of featured economic forest based on Zhejiang Torreya grandis ‘Merrillii’ . Journal of Zhejiang A&F University, 2016, 33(4): 673-679. doi: 10.11833/j.issn.2095-0756.2016.04.017
[8]	QIU Fangming, SHEN Yueqin, LÜ Yulong, ZHU Zhen, NING Ke. Analysis on the determinants of farmer households' willingness to participate into forestry standardization project management . Journal of Zhejiang A&F University, 2014, 31(4): 625-631. doi: 10.11833/j.issn.2095-0756.2014.04.020
[9]	WANG Feng, SHEN Yue-qin, ZHU Zhen, LIN Jian-hua, WANG Xiao-ling. Economic analysis of Chinese fir forest carbon sequestration：based on Zhejiang’s survey . Journal of Zhejiang A&F University, 2012, 29(5): 762-767. doi: 10.11833/j.issn.2095-0756.2012.05.020
[10]	SHEN Yue-qin, WANG Xi-feng, ZHU Zhen, L ü Qiu-ju. Status quo and prospect of the research on adaptability to climate changes from a socio-economic perspective . Journal of Zhejiang A&F University, 2011, 28(2): 299-304. doi: 10.11833/j.issn.2095-0756.2011.02.021
[11]	HAN Yan, LIN Xia-zhen. Drought resistance in seedlings of five evergreen broadleaf tree species . Journal of Zhejiang A&F University, 2009, 26(6): 822-828.
[12]	ZHANG Xiao-yan, SHEN Yue-qin, MAO Yu-xiang, FU Zhi-zhen. Structure and social economic roles of modern bamboo science and technology parks in Zhejiang Province . Journal of Zhejiang A&F University, 2008, 25(5): 650-655.
[13]	LIANG Hong-wen, HUANG Heng-chuan, HUANG Cheng-biao, HUANG Hai-zhong, LIANG Xin, MENG Yue-huan. Wood physical-mechanical properties of Taiwania flousiana compared to Cunninghamia lanceolata for plantation development . Journal of Zhejiang A&F University, 2008, 25(2): 137-142.
[14]	LIU Jian-ping, WU Yue-hong, CHEN Song-ling. Discussion on transformation of forestry resource-based cities . Journal of Zhejiang A&F University, 2007, 24(6): 762-766.
[15]	TAO Bao-shan, SHI Dao-jin, HANGuo-kang, LIUHai-ying. Causes and countermeasures for forestry credit financing difficulty . Journal of Zhejiang A&F University, 2007, 24(4): 478-481.
[16]	TANG Yong. Investment security system for forestry modernization in Zhejiang . Journal of Zhejiang A&F University, 2007, 24(3): 260-265.
[17]	ZHOUBo-huang, XUAN YU-fang, YUYu-bao. Exploration of a participative mediation method for disputes on forest property . Journal of Zhejiang A&F University, 2007, 24(4): 473-477.
[18]	ZHU Zhen, SHEN Yue-qin, WANG Jin-lian, WANG Zheng-rong. Case study of income analysis and the policies of improving income for farmers in mountainous area . Journal of Zhejiang A&F University, 2006, 23(4): 460-464.
[19]	ZHOU Bo-huang, XUAN Yu-fang, XU Jin-feng. Legal issues of development of non-public owned forestry in Zhejiang . Journal of Zhejiang A&F University, 2005, 22(1): 109-113.
[20]	YU You-ming, FANG Wei, YANG Yun-fang, YU Xue-jun, JIN Yong-ming. Comparative study on physico-mechanical properties of Phyllostachys iridenscens wood under different sites . Journal of Zhejiang A&F University, 2001, 18(4): 380-383.

References
Proportional views

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

Get Citation

PDF

XML

Article views(1319) PDF downloads(219) Cited by()

Proportional views

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