On Transforming The Legislative Value Of China’s Land Consolidation To A Governance-oriented Model

Land consolidation exerts a significant impact on coordinating man-earth system, improving the quality of cultivated lands, increasing effective arable lands, perfecting agricultural production conditions and ecological environment, and realizing the dynamic balance in total arable lands. Land consolidation as a kind of change of land use situation of land remediation activities are being actively promote, it is more necessary and practical to complete the guidelines of the activities of this kind of activities in order to complete the scientific legislation. The premise of scientific legislation is that the corresponding value guidance is complete. The legislation value of land consolidation refers to the moral code that the legislative subject pursues through land consolidation activities. Under the guidance of this moral code, the results of land consolidation activities can meet the needs and interests of legislative subject. Research on the legislative value of China’s land consolidation can not only expand the research category of land consolidation, but also provide guidance to the implementation of China’s land consolidation activities.At present, China’s legislation of land consolidation is dominated by the traditional, rule-orientated concept. Land consolidation is a top-down operation mode. In the process of land consolidation, government behavior plays a leading role, but lacks independent and effective public participation, and government service function has been weakened or even ignored. Emerging “governance” concept is more emphasis on the growing civil society in the background, so that the corresponding government behavior is no longer the only way to realize the regulation of relevant interests. Land consolidation legislative activities under the guidance of the concept of “governance” should be more emphasis on the relevant national interests, public interests and private interests of coordination and balance. Under the realistic background of “transformation of China”, More emphasis on land consolidation legislative is on the concept of “governance”, which is more suitable for the development of social reality.Transforming the legislation value to a governance-oriented model consists of two elements: the legislation value of land consolidation and the governance-orientated conversion. Exploring transforming the legislative value of China’s land consolidation to a governance model involves clarifying the relative concepts of the legislation value of land consolidation and how to realize the transformation to a governance-oriented model. Based on that, standard analysis method and value analysis method were adopted to investigate the existing problems of current legislation value of land consolidation, and finally to explore the breakthrough points for transforming the legislation value of land consolidation from a rule-oriented to a governance-oriented type. In this paper, the purpose of Webb Marx’s rational and value rationality of the two elements of rationality and Bentham’s utilitarian legislation from the objective rationality and value rationality of the two aspects of the relevant legislative value analysis.On the one hand, In terms of the purpose of the relevant legislation, it can be based on the purpose of vehicle, action object and practice areas of the 3 basic dimensions of the field of analysis. Under the guidance of the concept of “rule-orientated”, the lack of the purposive rationality is mainly manifested as there are no special laws and regulations about land consolidation in terms of purposive rationality. In addition, the specification and the restriction of state power is insufficient, leading to the fact that the benefits of land consolidation in the economic field have not been maximized. Therefore, the purposive rationality should be the breakthrough in the following 3 aspects: There first is constructing a systematic, principled norm to regulate land consolidation; Second is rationally allocating state power and improving citizens’ right consciousness of land consolidation; third, building supervision mechanism and realizing benefit maximization.On the other hand, In terms of the purpose of the value rationality, it can be based on the democratic value, justice value and order value of the 3 basic dimensions of the field of analysis. Under the guidance of the concept of “rule-orientated”, the lack of the value rationality is mainly manifested as the shortage of citizen participation in terms of value rationality results in inequality in land consolidation activities in terms of substantive justice, and the inability of the opposite side in carrying out free activities in terms of procedural justice. In the process of land consolidation, disorders and confusions occur in some places. Hence, the value rationality of the relevant legislation should be surpassed in the following three aspects: The first is that clarify character set, and expand public participation; Second is the transformation process should adhere to the principle of justice and pay attention to interest coordination; third, strengthen the legislative democracy and regulate legal actions, clarify legal relationship, and intensify legal order.