Empirical Investigation And Countermeasure Research On The Predicament Of My Country's Grassroots Land Law Enforcement And Supervisio

At this stage,under the background of the gradual improvement of relevant national legislation and the increasing punishment of land violations,the phenomenon of land violations is still growing.The full implementation and effective implementation of relevant laws,regulations and policies for land management depends on the implementation of national law enforcement supervision.The reality of this work at the grassroots level has led to constant reflections in the theoretical and practical departments.The existing research results and law enforcement practices have laid a solid foundation for further improving the effectiveness of the national law enforcement supervision work,but there is still room for further thinking.This paper mainly takes the S city of Henan Province as an example,and applies Merton's theory of institutionalized evasion of institutions framework for institutional rules.This paper analyzes the difficulties and causes of land law enforcement and supervision in society,and then puts forward corresponding countermeasures and suggestions.This article is divided into four parts without calculating the introduction and conclusion.The first part defines the basic concepts of the grassroots national law enforcement supervision dilemma and explains the theoretical framework used.This article defines the national law enforcement supervision as the administrative department of the land at or above the county level to supervise and inspect whether citizens,legal persons or other organizations implement and abide by relevant land management laws and regulations in accordance with legal rules,and to stop and investigate related illegal acts.The predicament of law enforcement supervision at the grassroots level is embodied in the game dilemma of ordinary people and law enforcement and supervision staff.The position declared by land laws and regulations in the grassroots national law enforcement dilemma is ignored,evaded,and even reflected the effect of rejection.The existing research results focus on changing the law enforcement methods and perfecting the law.In fact,these results are only a general discussion of national law enforcement.Although they have certain explanatory power,they fail to fully point out the law enforcement environment and law enforcement practice.The circumvention of legal rules by land offenders in the grassroots national law enforcement supervision dilemma more reflects the phenomenon of the institutionalized rejection of institutional rules by American sociologist Merton.Therefore,it is more reasonable to analyze the subject of this institutional framework by institutionalizing the institutional rules.This section is a theoretical foundation for the full text,which will enable the reader to understand the basic theoretical analysis tools used in this article.The second part is the author's empirical investigation on the dilemma of the law enforcement supervision of the S city in Henan Province.In this part,the author conducts a questionnaire survey on the phenomenon of land violations.In order to make up for the lack of flexibility in the questionnaire survey,the author introduces real cases through individual interviews.The investigation shows that the predicament of law enforcement supervision at the grassroots level in S city of Henan Province has the following outstanding performances: rural construction of houses arbitrarily occupied,small township enterprises and individual roadside shops occupying land at will,facilities agricultural land is illegally expanded,and rural public welfare land is illegally used.Enterprises and organizations in the district or agglomeration area privately change the land use.The investigation of this part can make the study more convincing,and also the basis for the demonstration materials for subsequent analysis.The third part analyzes and discusses the reasons for the dilemma of S-city law enforcement supervision in five aspects.Divided into the reduction of supplementary resources for cultivated land,the responsibility mechanism for the joint supervision of land and resources has not yet been formed,the grassroots cadres have not played the role of the primary regulatory body,the relevant departments have poor subjective initiative,the concept of the rule of law is weak,and there are loopholes in institutional constraints and legal sanctions.The fourth part combines the reasons for the formation of the grassroots national law enforcement supervision dilemma,and proposes the corresponding solution from the perspective of Merton's institutionalized rejection of institutional rules,namely,the flexible use of rules to solve the problem of “no land available”;Communicate and coordinate,solve the problem of "protection and integration";raise the awareness of law,solve the problem of "not complying with the law";strengthen the linkage of departments,solve the problem of "single fight alone";focus on problem research,and actively recommend and improve the legal system.