Research On Government Environmental Responsibility In Land Reserve System

The Constitution stipulates that the land of the city is owned by the state,according to the current Land law policy,the management and management of the state-owned land is carried out by the Land Administration department,and the Land Administrative department of the State Council is responsible for the national land management and supervision.In order to optimize the allocation of urban land resources and raise the capital of urban construction,land reserve System emerges under market economy.Urban Land reserve System means that the Government,in accordance with legal procedures,using market mechanism,in accordance with the overall land use planning and urban planning,to recover the state-owned land use rights by various means of urban land and collection of rural collective land for the Prophase development,collation,and storage to supply and regulate the urban construction land demand,A management system that ensures that governments can monopolize land-level markets.At present,there are two types of land reserve institutions in China:one is the land reserve center,such as the Wuhan Land Reserve Center;a company form,such as Xiamen Land Development Corporation,Shanghai Real Estate(Group)Co.,Ltd.On the surface,these two forms of land reserve institutions for public institutions,a corporate legal person,are independent of the market body.But judging from the existing legal arrangements and the nature of the land reserve institution,there is a substantial consistency in the two types of land reserve institutions under different forms,that is,they are not for the purpose of profit,and to control the ownership,to achieve "government-run city" of the overall plan for the purpose of the government commissioned by the Government to carry out land acquisition,reserve,Operations and management,and with the Land Management department has an administrative affiliation relationship of a functional agency,rather than the strict sense of the market body.It can be said that the Government has a pluralistic role in land reserve work,both as a manager and as a participant in market transactions.As a result of the transformation of the urban economy,the land to be reserved is mainly for factories,concentrated living quarters or abandoned areas,some of which have been contaminated.But at present in the preliminary development of the reserve land to focus more on how to coordinate the functions of various departments,clear property rights,in cleaning up obstacles in the ground,the neglect of the underground soil pollution survey,did not have the pollution of the land evaluation or governance,the use of land use rights after the transfer has serious impact.In order to guarantee the realization of citizens ’ environmental rights,the Government should take the responsibility of the environment,the government’s environmental responsibility refers to the Government’s obligation and power in environmental protection,as well as the legal consequences of violating the above-mentioned obligations and powers.In the land reserve System,the Government,as the Land Administration Department,has not only the economic and administrative rights of land use,but also the environmental protection obligation of land resources.In the context of the risk society in the environmental era,the government should pay attention to the investigation of soil pollution in reserve land,and lead the management of the contaminated reserve land,and put the prophase development and arrangement of the reserve land from the ground to the "underground"pollution soil control,protect the rights and interests of the land use right,and realize the sustainable use of land resources.The Government’s environmental responsibility includes political responsibility,legal responsibility and administrative responsibility.The political responsibility is to formulate the public policy of environmental protection,to promote the responsibility of public policy implementation which accords with public opinion;Legal liability is the environmental responsibility of the Government due to the law,including the positive responsibility and the negative liability;Accordingly,the realization path of the government environmental responsibility in the land reserve System includes:putting the principle of soil conservation and sustainable utilization into the land reserve System,making the environmental information of the reserve land open,ensuring public participation,implementing the incentive measures and encouraging the third party to participate in the land reserve work.