Our country " land management method " in right curtilage the settlement of base dispute method, basically have 3 kinds:
① talks things over solve. Basis " land management method " 1 6 the 1st regulation: "Land ownership and use controversy, talk things over by party solve. " set accordingly, happen between the citizen curtilage base dispute, ought to try to solve through the way that negotiate first;
② administration is solved. " land management method " the 16th the 2nd section provision: "Between the individual, between individual and unit controversy, by government of country class people or government of people of prefectural class above is handled " ;
③ judicatory is solved. " land management method " the 16th the 2nd section provision: "Party decides disaffected to concerning the processing of people government, the day that can receive processing to decide an announcement oneself rises 30 days inside, sue to people court " . This makes clear to be mixed with respect to the access of land between the citizen the dispute of droit happening, only according to " land management method " the 16th regulation, pass the processing of concerned executive authority first, decide to refuse to obey to processing, ability is OK to people court to lodge a complaint. Otherwise, people court does not grant to accept. But the droit to encroaching land or of use, by the infringer need not the processing via the executive authority, and sue to people court directly.
