Study On The Law Enforcement And Supervision Mechanisms Of Land And Rrsources Of Base Course

The conflicts between land supply and demand have started to grow with the social progress and economic transformation and upgrading in China, hence the illegal use of state land, enforced by the economic considerations, has never stopped in spite of governmental prohibitions and the arable land has been devastated nationwide. It has been a growing concern of the supervision and law-enforcement of land usage for the central government and the public as well. Chinese repeatedly stressed in recent years, especially the cultivated land protection problems of land and resources, the ministry continuously intensify law enforcement, governments at all levels in accordance with the regulations in accordance with the land consciousness gradually strengthened, the total land violations dropped year by year; But ministry land who inspection results show that each year the proportion of the amount of the illegal use of land for new construction land is still great, land and resources law enforcement supervision face the situation is still grim.Since the supervision and law-enforcement of state land usage started late in China, studies laid focus more on farm land protection system rather than on academic theories, whereas frontline staff's studies on the supervision and law-enforcement of state land usage paid more attention to solutions to the difficulty on law-enforcement. So far, China has not announced a complete system of theories on the supervision and law-enforcement of state land usage, but the practice has begun to take shape. By eyeing the status quo in Xiaoshan, this thesis chooses the grass-roots supervision and law-enforcement of state land in a microcosmic prospect as object of study, concludes and summarizes the problems existing in the local governmental administration, such as the monotony of law-enforcement methods, the lack of law-enforcement staff, the prevalence of local protectionism, and the deficiency in track of accountability. These problems can be derived from the imperfection of legal institution, the dysfunction of administrative system, the absence of supervision mechanism and so on. The study in this thesis suggests a four-in-one system of grass-roots supervision and law-enforcement of state land, i.e. legal institution, administrative system, operational mechanism and supervision. Therefore, solutions are put forward by the author to these four aspects: submit the legislation of law-enforcement of state land resources to the legislative body of higher level, perfect the legal institution and seek higher feasibility of the laws; take further steps to rationalize the law-enforcement system and enhance the capability of law-enforcement staff; improve the ordinary prevention mechanism, reform the reporting of illegal use of state land, ameliorate the institution of investigation and punishment of such illegal use, and put into effect the administrative accountability system of state land management; establish a sound supervisory institution, strengthen the balance of power, improve public supervision and give the supervision a full play.