On The Legal Problems Of Urbanization In China

2001 Nobel Economics Prize winner and former World Bank vice president-Mr. Stiglitz considered, China has three major challenges in the new century, urbanization is at the top of them. He said:"China's urbanization "and" America's high-tech" are two key factors which influence the process of human in the 21st century side by side. This shows the importantce of urbanization in Chinese studies. In china, we will build a socialist country which ruled by law, so that building the mode of development of cities that ruled by law with Chinese characteristics, regulating and guiding the urbanization in a healthy and orderly development through a sound legal system of law, which is the duty of the historic mission of legal workers.At the development of China's urbanization process,the most striking phenomenon is the agglomeration effect of resources, especially concentrate on three areas:intensive land, concentrated population and industrial cluster.Intensive land, is one of the fundamental characterization in the process of urbanization. Urbanization depends on the material basis which provided by the economic development of agriculture, but the real development of the agricultural economy depend on the size of the rural land management and agricultural industrialization way to accomplish in a large extent. This will require rural land does not change the nature of the ownership, promoting the right of land contract to operate the free flow of agricultural land in the rural land market, in order to achieve the effect of intensive use; In addition, the city continued to expand in rural areas, a large number of rural land will be transformed into the state, providing adequate space for the development of second or tertiary industries in cities. Cluster development strategies also require the intensive land use, so land intensive related to the changed of rural land ownership, which was another land circulation species in the process of the national collection of rural land. In order to safeguard the intensive use of land resources in the process of urbanization, regulate the market of land transfer and protect the legitimate rights of stakeholders,establishing and improving the land transfer legal system is imperative.The concentration of the population, also known as the urbanization of the population, which is the most obvious characteristics of urbanization. Population migration following the whole process of urbanization, the increasing proportion of urban population is the most significant sign of increasing the level of urbanization. While in many elements of impacting urbanization of the population, the system of household registration, employment and social security system is most critical. It is due to the existence of the household registration system, limiting the free movement of labor, affecting the rational allocation of labor resources, resulting in a population of the slow process of urbanization; it is due to the lack of stable jobs so that the floating population being in a weak position, the majority of them was in unstable, temporary, insecure, unskilled and low-wage jobs; it is due to the duality of urban and rural social security system, in the process of urbanization in the absence of market risk to resolve the social security system arrangements so that in the process of non-farmers have been placed in "urban migrant workers", such a "marginal" status. Therefore, in order to achieve the urbanization of the population, the household registration system reform is a prerequisite, for employment system reform is critical, while the social security system reform is emphasis. At the same time, the three major reforms need the effectiveness of the legal system and the rule of law and effective to protect the environment ultimately.Industrial clusters, providing the basic driving force for the development of urbanization. Urbanization depends on the development of the city's industrial development, the development of modern economic in the West shows that the development of industrial clusters can save transaction costs and promote innovation clusters and enhance industrial competitiveness, which is an inevitable choice of a country's economic development and urban construction. From the perspective of the legal system, developing industrial clusters in chinese current conditions are faced with three major issues, first, the irrational of industrial structure, which needs to control the industrial structure with legal system, but the industrial structure of China's legal system is not very sound, most of the policy to reflect the provisions; Second, the small and medium enterprises are not a very well development as the mainstay of industrial clusters, we need to improve the development of the legal system of small and medium enterprises; Third, the previous mode of extensive industry impeding the development of urbanization, we must take the path of sustainable development, vigorously develop circular economy, improve the law to promote circular economy.The rule of law with Chinese characteristics-led development model of urbanization's construction,its main mission is to solve the above-mentioned areas involved in the relevant legal issues, such as the protection of the land rights of citizens in the process of land-intensive, the implementation of the equality of human rights of citizens during the concentration of population, as well as the control laws of the state in the process of industrial cluster and so on. The three major problems in this area highlights of China's urbanization process,is the main contents of the rule of law with Chinese characteristics-oriented urban development model.