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When Judgement Encounters Conspiracy

Posted on:2012-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:T T LiFull Text:PDF
GTID:2216330338959350Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Of economic development is our top priority, while the land is the most important economic development is one of production. Since the late nineties of last century, with China's rapid economic development, ecological environment deterioration: frequency of dust storms in northern, due to soil erosion, soil desertification, air pollution, water resources, lack of proper co-ordination ... ... whether the relationship between man and nature not only related to the sustained and stable and rapid economic development, but also the living environment of mankind is facing serious challenges. 99 years, the central authorities have introduced a major policy deployment Forest, determined from the fundamental solution to the potential ecological impact of environmental degradation. This is the background of this story happened.Meanwhile, in this paper is to describe the story, because "land" reflected the main village, so different from the place of this period, a large number of farmers lost their land only through the "Petition" relief rights events, this story Lu Wen defended the protagonist, first of all the way through the court proceedings to protect their interests. But the court's decision in this case, the rights to play a role, the role of letters do not seem to be more active, the text may not be defended Lu, and embarked on a petition rights of the road. End of the story, defended the text in the Lv lucky to get central instructions, the village committee, together with the villagers, still no enforcement of judgments of the content. The focus of the author, is that why so lost with the seemingly simple dispute, after ten years can not be effectively implemented.Chai Village in northwest China, a part of the national poor counties - Fukang County under the jurisdiction of the local soil is poor, culturally backward, compared to the prosperity of coastal cities, like a forgotten world. Late 80s, the text outside the village, a fierce Lu, response to the government reclaimed "Four" came the call Chai Village, including 150 acres under the local ravines, after more than ten years of hard work, become fertile wasteland. But one day in 1999, the village committee Nishimura wood to Lu Wen defended by 5-year contract fee does not pay the ground, by Jia-150 acres of land allocated to the way farming village, forced to share Lvjia Tian. Lu Wen defended the villagers reason, affirming that he Jia-land. The villagers said: "As long as the court said that your home is your home." Lu Wen defended the court to complain. Court ruling in 2000 re-Kang Chai Village village committee will be defended bridge Lu Wen returned to the ditch. However, the village committee and the decision not to actively implement the content - the text mayor defended all day dodging Lu, the villagers still cultivate the orderly, "assigned to them," the land. Lu Wen defended the villagers reason: The court said it was his Liujiabang land. The villagers said: "As long as the village head said that the land your home is your home land." Helpless, Lu defended the text had to go to court for enforcement.Court to force the village committee is also to the way that the Ministry sent the car to open to the village, together with the village committee and Lu Wen defended three, in implementation of the document "signed by his mark." However, the Executive Board of the car away, all the production is still continuing according to the original way, the villagers if nothing had happened back "home" to my fields - Lu family had to pay more than ten years hard work the land. High profile in the village, the village secretary show off, his uncle was re-Kang county, the court also have to listen to him. Lu Wen defended by going door to door seeking to return him to the villagers, the villagers said: "This is not I a in the kinds of families will not, I do not kind of."In "the law could not do," the situation, Lu Wen defended Beijing to petition it had embarked on the road. Among the petitioners, Lu defended text is lucky. He got the central government's instructions, instructions to return land to Jia-Fu Kang. But that he never expected that "the central leadership's instructions do not work." ... ... Modern China is undergoing a period of dramatic changes taking place on the "economic interests" of the chase in our behavior, even more important than ever to occupy the position. Bentham believes it is the "interest" to pursue, constitute the motivation of all our actions; is our pursuit of "interests" are eligible to judge our standards of behavior form. "Interest" all acts of interpretation.This paper adopts the theoretical basis, one of Bentham's utilitarianism, as the villagers, village committee refused to implement the inherent profit motive; the second is the theory through sociology, rural rich human perspective, the thin atmosphere of the law, as the villagers the village committee refused to implement the external environment. Finally, the conclusion, in this case, whether the villagers initially refused to implement court decisions, or instructions are also central to the later does not work, no not the "intrinsic motivation" and "external legal environment" interaction results.From the current research status can be seen on the implementation of the law is much more difficult point of view by the department to explore the causes to propose a solution, the lack of anthropology and sociology from the perspective of law, through the rather typical of events with the meticulous description of characteristics of the times the "execution" of the article.
Keywords/Search Tags:implementation can not, utilitarian, illegal costs, interests, and moral
PDF Full Text Request
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