The Power Of Land Management Local Government

This article studies the division of powers between the central government and the local government. It selects the powers of local government in land management as object. Local government and its departments have three aspects of land management powers as follows: the power of land expropriation, the power of planning and enforcement, the power of authorizing administrative license of land use. Among them, some belongs to the local government, some belongs to relative department.Local government shares the power of land expropriation with the central government. The character of the land and the acreage is the standard to divide the range of the power of central government and the local government. From the historical angle, the power of government has been curtailed step by step, moreover the way and the procedure of exertion have been already controlled more and more by the central government.The power of drafting out the master plan of land use belongs to the local government, and the power of authorizing it belongs to the central government. Therefore, local government has no absolute power to arrange the land use in its popedom. The powers of drafting out and authorizing the planning of land development and regulation don't belong to the local government. Administrative regulation empowered the department of the local government to draft out the plan, empowered the relevant departments of State Council to authorize the plan. From the legal angel, the departments of the local government exert these powers mainly according to the administrative regulations and the department rules. Local government has no more power to intervene it.The power of authorizing administrative license of land use belongs to the local government, but it gets more and more departmentalized. On ground of the authorization of the law and the administrative regulations, the department of the local government which administers the investment, the department of the local government which administers the plan, the department of the local government which administers the land management shares in the power. They exert these powers mainly according to the law, the administrative regulations and the department rules constituted by the central government.The department of the local government is a part of the local government, but its power is from the law and the administrative regulation, instead of local government. As a result, its authority action is restricted directly by the law and the administrative regulation. One side the local government can't substitute the department to exert the power, on the other side the local government can't intervene it illicitly. According to this perspective, the power of the department of local government isn't certainly equal to the power of the power of local government.But in the course of operation, local government still has strong influence on the department based on its financial power and personnel power. Therefore, the central government makes a series reforms. These reforms concentrate on the personnel system, financial system and the supervisory system. On the aspect of personnel system, it creates vertical management system under province level to weaken the influence of the local government. On the financial aspect, it normalizes the financial system of the local government and controls the local finance strongly to impair the motivation of the local government intervening the department. On the supervisory system, it creates land supervisor system to break up the administrative boundary and strengthen supervise on the local government. But the effects of all these reforms are not perfect.Actually, the ultimate reason why local government has a game of chess with the central government is that local interest which has come into being lacks of approach and opportunity to express in active system, especially in the decision-making procedure. If the local interest can't express in the decision-making procedure, it will express by diversified ways in the practical procedure, which leads to the confusion between the central government and the loval government in land management area. This request that we should create the local interest expression system as soon as possible, change the form of authorization from responsibility by the department of local government to the local government. It should be said that these changes occur quietly. The central government empowers more and more power of land management to the local government generally.