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The Poewers And The Improvement Of The Governmrnt In The Process Of Land Circulation During China Urbanization

Posted on:2009-04-23Degree:MasterType:Thesis
Country:ChinaCandidate:M D LiaoFull Text:PDF
GTID:2189360272483983Subject:Environment and Resources Protection Law
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Urbanization is a trend of future economical development in our country, it not only can improve the urban and rural economics incorporate development, but also can improve urban land market unification, make every resource get a better collocation with the help of the market system. But the speed-up of the development brings more problems, such as the waste of the land resources, the more difficult to protect arable land resources, protect the right of the farmers who lost land, the land pollution, and so on. These problems are related with the powers of the government during urbanization, because the government has the powers of stipulation, enforcement and supervision in the process of land circulation.At present the land law is left behind the reality condition, because the law has the character of the stability and the procedure of amendment is very complicatedly. It can not catch up with the changes of the society. Polices and the systems that are stipulated by the government can solve this problem, so the government has the power of stipulation. The government is a national administrate department, so it has the power of enforcement and the government should supervise the action of the ones in the process of land circulation.However, the powers of the government are not perfect. The rural collective building land is not included in the process of land circulation, the ownership of rural collective land is still unclear. The power of administration and the power of dispute dealt are crossed, and it pays more attention on the administration, ignores the duty of public service. By the power of monopoly in the first land market and the power of forbidden in the second land market, the government deprives the right of the land users, farmers, rural collective organization. Land is a very important resource, so the land circulation should be under the supervision. In the land circulation government takes part in the land circulation as an expropriator and a giver, at the same time, it shoulders the duty of the supervision, the equity is doubt by the publics, it needs the supervision by the judicature department, public participation and so on.
Keywords/Search Tags:urbanization, land circulation, th e powers of government
PDF Full Text Request
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