Research on the Role of Lawyers in Handling Historical Issues of Agricultural Land in Hainan —— Taking Yazhou, Sanya as an Example

Abstract

This paper studies historical land issues (commonly known as the "three excesses" land issues) and solutions promoted by Hainan Yunchang Law Firm in Yazhou, Sanya. The paper focuses on the role of lawyers in solving the "three excesses" issues in Hainan. Combining economic theories such as incomplete contracts, social justice, and information asymmetry, it analyzes the economic and legal basis for solving the "three excesses" issues. From the perspective of the relationship between the government and the market (including the role of cooperative entities) and their systematic effects, it studies how lawyers coordinate and promote effective solution and improve planning for the "three excesses" issues. Furthermore, it explains the unique role played by lawyers in solving the "three excesses" issues and verifies it through practice. Due to the characteristics of the actual work carried out, this research adopts the case analysis method. Through an iterative process of piloting - summarizing experiences feedback loop, the solution process is carried out from village to districts, then to the whole city, and finally to the whole province. This iterative process is verified, revised, and repeated to improve the understanding of how lawyers effectively promote the solution of the "three excesses" issues.

Alternate abstract:

本文以海南云常律师事务所（以下简称云常所）在三亚崖州开展的土地历史问题（俗称土地“三过”问题）梳理推动的案例实践为研究对象，探寻海南解决“三过”问题的规律。结合不完全契约、社会公正和信息不对称等经济学理论，分析“三过”问题解决的经济学和法律基础，从政府、市场（含集体主体作用）二者关系及其系统作用视角，研究律师如何协调、推动，使得二种作用都得到充分发挥并形成系统作用，构成“三过”问题的有效解决方案，进而探讨律师在该“三过”问题解决案例中所发挥的独特作用。因为实际推进的工作特性，本文研究采用案例分析法。通过试点、总结经验、全区推广，验证，再总结经验，再在全市推广，验证、再总结经验，向全省推广，随着工作的推进，重复实践和验证过程，发现律师如何使二种作用得到充分发挥，推动“三过”问题有效解决的变化特征并予以验证。