建立健全农村土地承包纠纷仲裁解决机制的思考

以家庭承包经营为基础、统分结合的双层经营体制是我国农村的基本经营制度。近年来，土地承包经营纠纷呈多发趋势，已经成为影响农村和谐稳定的因素之一。《仲裁法》规定，农村集体经济组织内部农业承包合同纠纷的仲裁另行规定；《农村土地承包法》规定，因土地承包经营发生纠纷的，当事人可以向农村土地承包仲裁机构申请仲裁。但是，由于《仲裁法》、《农村土地承包法》的规定都比较原则，各地在农村土地承包经营纠纷仲裁工作中存在机构设置不统一、工作程序不规范、裁决执行不及时等问题，以至于造成许多土地承包纠纷得不到合理及时的解决。面对日益复杂的土地纠纷，我国目前仍没有制定出一部有关农村土地承包合同仲裁的单项法律，使大量的农业承包纠纷不得不采取诉讼程序，增加了纠纷的解决难度。因此，为了切实维护农民的土地承包合法权益，以低成本、高效率解决农村土地承包纠纷，促进农村社会的和谐与稳定，建立和健全农村土地承包纠纷仲裁解决机制，就显得十分迫切和必要。

Reflections on Building and Improving the Arbitration Mechanism of Land Contract Dispute in Rural Area

The two-tier management system that combines centralized and decentralized management on the basis of household contractual management is the basic operating system in the countries of China. Nowadays, the increasing dispute on the land contract has affected rural harmony and stability. According to the arbitration act, the arbitrations about the dispute of land contract in rural area within collective economic organizations are to be made stipulations. According to the rural land contract law, the party can submit those dispute based on land contract for arbitration at the arbitration agency. However, since the arbitration law and rural land contract law are too abstract, moreover, the not united establishment of the department for solving dispute on rural land contract, nonstandard executive procedure and delaying of operating fail to bring about the timely and rational solution to many cases. The dispute of land contracts is getting complicated, while China has not legislate for rural land contract arbitration, thus, many disputes on rural land contract have to be sue in the court, which increases the difficulty of solving the disputes. Therefore, it is pressing and necessary to build and improve the arbitration mechanism of land contract disputes in rural area in order to grant to the peasants land-use right, to solve these disputes in low cost and in high efficiency, to promote the social stability in the countryside.