The Normative Analysis Of Land Reclamation Regulatory Body In The Field Of Responsive Law

Land reclamation as a land resumption of land use activities,the effective implementation of the corresponding supervision,especially the regulatory body of the standardized and scientific set is to enhance the level of social governance related to the key support.The standardization and scientific setting of the land reclamation supervision is not only necessary to protect the level of the rule of law in the supervision of natural resources,including land reclamation supervision,but also to "put power and responsibility down,grab the service and supervision" under the guidance of the concept of land reclamation system under the proper meaning.In recent years,China's land reclamation supervision has achieved some initial results,but there are still not perfect regulatory agencies,the lack of specialized regulatory authorities,the lack of coordination with the regulatory body,the main body of the regulatory awareness not in place,Personnel level not high and so on in the field of regulatory body.It is difficult to regulate the main body of the standardization and scientific to provide adequate protection,to a certain extent,blocked the implementation of land reclamation regulation effectiveness.Therefore,it is of practical significance to explore the normative setting of land reclamation supervision subject.Responsive Law is a legal model oriented to the purpose of the law,through the response to social needs developing,modifying the legal norms of a legal model.Its core is to clarify the purpose of the law and to respond to the needs of society.On the whole,China is currently in the stage of gradually eliminating the Autonomous Law of the Repressive Law,which does not mean that it must be strictly in accordance with Repressive Law,Autonomous Law and Responsive Law in the order,it can also build Autonomous Law in the process of introducing some theory of Responsive Law.In this process,it is necessary to absorb the essence of the theory at Berkeley School of Responsive Law as a guide,and pay attention to avoid misleading the limitations of Responsive Law brought.In the field of land reclamation legislation,combined with the less involved Responsive Law up study.Therefore,it can improve the legislation of land reclamation by combining the analysis of the system design of the Responsive Law and absorbing the feasible part of the land reclamation supervision.According to the normative analysis of land reclamation supervision in the view of Responsive Law,we must first clarify the current situation of land reclamation supervision legislation and clarify all kinds of rights and obligations.On the basis of this,through Responsive Law as an effective knowledge tool,in the land reclamation supervision of the main norms of the law,the law to "explore the rules and policies included in the value of" the purpose and "more to respond to society need " to be confirmed.Under the guidance of "legal purpose value orientation" and "response to social needs",we try to clarify the specific problems existing in the level of value carrier and operational effect in the relevant rules of land reclamation supervision.Based on the knowledge tool of Responsive Law,and then explore the relevant norms set at the level of possible ways to improve the way for the real level of land reclamation supervision of the relevant institutional mechanisms to specify the direction,in order to achieve the expected performance of land reclamation.On the one hand,the value of the relevant norms set the carrier,its focus is reflected in the relevant terms of the article.On the basis of clarifying the purpose clauses in the legal norms of land reclamation supervision and clarifying the normative setting of the relevant value orientation,combining with the relevant theory of the Responsive Law on the legal purpose,the legislative value of the land reclamation supervision subject "has enough to control the development of adaptive rules of the objectivity and authority";and the land reclamation supervision of the main legislative value in line with "to improve the rationality of legal reason" role.On the other hand,in terms of the operational effects set by the relevant norm,it is reflected in the relevant conduct clause.On the basis of clarifying the behavior clause of the main body of land reclamation supervision in our country,this paper explores the possible improvement path by combining the relevant theories of the law of response to society in response to the law.First,from the clarification of the main responsibilities of the main body of supervision and improve the professional quality of the two aspects of the staff to start,is the main body through the legal norms of their own correction,thereby expanding the capacity of legal institutions,democratization,scientific and standardized The second is appropriate to enrich the regulatory means,improve the public participation in the regulatory model,to promote a wider sharing of legal authority,the public purpose of a better realization,so that the law can better respond to social needs.