Research Of The Administrative Law Enforcement On The Urban Land In China

With the reform into the deepwater area ", towards urbanization in our countryalso with many problems at the same time, a major change in the structure of theeconomic structure and the capital, social industrial structure change has broughtabout great challenge to the urban construction in our country. The city land problemis one of the most key problems in the urban construction. This requires thegovernment in the process of deepening reform of administrative law enforcement ofcity orientation, aspects such as idea, system to adjust, can we truly achieve theconstruction of the rule of law government "let power run in the sun" goal. The pearlriver delta region not only is the forefront of reform and opening up, China’s economyhas made remarkable achievements, the reform of the system has been walking infront, the pearl river delta region and effective land administration law enforcementplay the important promoting role, but also face more questions today.Therefore, based on the pearl river delta region in China as the object ofempirical study, to analyze the urban land in our country administrative lawenforcement problems and relevant countermeasures of local significance, not onlyfor the same applies to other areas in China, because most of these problems alsoexist in economic developed areas. Such as local governments at all levels of land justor deliberately avoid law enforcement process, the most obvious example is includingthe national development zone overheating problems, past golf course thermaldissipation and so on in the pearl river delta region are reflected, of course alsoincludes urban residents in the process of demolition interests compensation and soon. Can say so, the urban land administrative law enforcement has already atalarming levels, even in such as "land management law" and other laws enacted later,the state council issued such as "three ban" under the condition of time, the landadministrative law enforcement problems also have no fundamental change.Such as shenzhen from established to now only35years facing the land resourcedepletion. With the rising of economy of guangdong province, for example, hasdropped to0.4mu of cultivated land per capita below/person, less than1/4of the percapita level. So to explore the problems existing in the pearl river delta urban landlaw enforcement, analyzing the reasons behind the land administration law, contactthe author himself in the bureau of land and resources to many years work experienceto carry on the empirical research, as far as possible, give some feasiblecountermeasures constitutes the main content of this paper, also is the direct purpose of writing and realistic meaning.This paper firstly combed the city land in our country administrative lawenforcement under the category of related concepts, this paper briefly introduces theurban land in our country present situation and the current situation of theadministrative law enforcement, to power restriction, transaction costs, public interesttheory as the foundation of argument, citing instances of administrative lawenforcement in the pearl river delta, to analyze the urban land in our countryadministrative law enforcement mechanism of many problems: lack of lawenforcement power based on the system level; Specific practice of administrativeprocedure is too fuzzy, lack of operability; Law enforcement team level of lawenforcement idea dislocation and administrative law enforcement personnel quality isuneven; Is more serious is that the concentration of power level jurisdiction restrictionand accountability, etc., and lack of necessary behind the inclusion with powerdistribution pattern and land income distribution the deep reasons of the game.Therefore, we can come to regulate urban land administrative legislative power andthe executive administrative law enforcement must be from the soil of the separationof powers, perfect the supervision of executive power and other aspects of therelevant countermeasures. While this article is completed by the author with hisexperience in administrative law enforcement, but after all the research is limited,point to avoid the superficial, it remains to be further perfected and correction.