Research On The Legislation Of Land Consolidation Planning In China

Land consolidation is a kind of land consolidation activities in order to achieve the balance of the limited land resources and the unlimited land demand. The land consolidation activities can increase the effective area of cultivated land, improve land quality and efficiency, improve agricultural production and living conditions and ecological environment. Land consolidation planning as the basis of land consolidation activities, is an important premise to promote the activities conduct scientifically and orderly. Land consolidation planning legislation can provide necessary guidelines for the planning behavior. However, China’s current land consolidation planning legislation has many problems, it is difficult to fully protect the land consolidation planning behavior in an orderly way. The academic research of land consolidation planning is abundant, but few from the law and legislative perspective. Studying on the legislation of land consolidation planning can enrich the theory of land consolidation planning, the theory of overall land use planning and the theory of administrative planning, it can also try to review the legislative theory in the field of land consolidation planning, finally it can provide necessary guidelines for the planning behaviors and the land consolidation activities.Studying land consolidation planning legislation, first of all, we need to clear the basic connotation of land consolidation planning legislation. It can use the formal logic analysis method to define the concepts of “land consolidation” and “land consolidation planning”, then clear the unique attributes of land consolidation planning legislation from the legal behavior and legal relationship. On this basis, norm analysis method can be used to investigate the standard legal documents of land consolidation planning in our country and analyze problems of it. At last, it can explore the perfection of it from three aspects: legislative value, legislative style and legislative content.Firstly, in terms of legislation value, the legislative value of the land consolidation planning is specific but some legal norms are unbalanced. It refers to short of the ecological environment norms and the citizen participation norms. It can enrich the ecological environmental protection norms and citizen participation norms in order to provide guidelines for the planning behaviors and the land consolidation activities.Secondly, in terms of legislative style, the legislation of land consolidation planning in our country is mainly policy documents, and the legislative style is not normative. The standard of the legislative form and the legislative language is insufficient. By adjusting the relevant legislative language, structure technology and cleaning up related legislation to improve the legislative technology, and then achieve land consolidation planning legislation in our country normative shift.Thirdly, in terms of legislative content, China’s land consolidation planning legislation tends to fragmented, it is not systematic. It refers to the power subject is unknown, the planning process is confused, the planning review and approval procedures is not suitable, the supervision and inspection and legal liability setting is relatively lack. We can integrate existing land consolidation planning legislation in general principles, planning, planning examination and approval, supervision and inspection and the legal liability, then make the law of < the land consolidation planning >, so as to realize land consolidation planning legislation systematic.