A Study On Legal Problems Of China's Land Reclamation And Corresponding Measures To Cope With

Land reclamation,to a larger extent,has greatly relieved the contradiction between land supply and land demand and expanded urban space for further development.However,marine capacity is quite limited.The side-effect caused by large-scale land reclamation is not a matter to be trifled with.Behind the towering seaside apartments are the degradation of marine ecosystem and the declination of marine resources.Based on the current legal regulation,this dissertation focuses on conspicuous problems during the land reclamation practice and tries to come up with countermeasures from legal perspective.This paper can be divided into four parts:The first part draws an outline of land reclamation.This part firstly identifies the concept of land reclamation,both from legal prospective and common practice and analyzes the characteristics of China's land reclamation progress.Secondly,the author analyzes the land reclamation trend in recent years and summarizes both pros and cons of it,which make it quite necessary to regulate land reclamation.The second part figures out the problems during the regulation of land reclamation from legal aspect.The procedure of land reclamation generally includes four sections: the obtaining of sea-use right,the obtaining of land-use right,and the transferring from sea-use right to land-use right.As for the sea area utilization,the author lists legal problems on pay for the sea area utilization,as well as sea-use approval.When it comes to the newly-formed land,the author focuses on its timeline and how to deal with the idle land.Besides,the legal problems embodied by the transferring process can not be ignored.Finally,as illegal land reclamation is rampant in recent years,the legal problems in penalizing it deserve our due attention.The third part introduces overseas practice in land regulation,and makes a comparison between our practice and theirs,so as to draw constructive lessons.The fourth part,targeted at the legal problems in China's land reclamation regulation which are mentioned in the second part,comes up with countermeasures while drawing overseas successful lessons.