| Land is the foundation of production and the source of human. Land resource is not only the space for human survival and manufacture, but also the solid material base for the human rapid development. China is a populous country and arable land per capita is less."Treasuring, reasonable using land and protecting arable land"is our national policy. With the development of economy and society, growth of industrialization and urbanization, contradiction of supply and demand of land resource is sharp. The problem about changing land use without permission, using land illegally, and selling land at low price is more and more serious. These go against with our national policy and threat the sustainable use of land resource in China. After reading relevant domestic and foreign theory and the achievements of all kinds of illegal land under the premise, the concept of land illegal activity is defined in this paper. On the basis of comprehensive analysis of land illegal activity now, this paper investigates the reason of land illegal activity from the internal and external institution and explains the causes of and land illegal activity from institutions, then builds mechanisms to hold land illegal activity. This research content mainly includes the following aspects:First, we start from the background and significance, introduce research methods and content. What's more, after reading related literature, we summarize the domestic and international research achievement from causes, classification, land illegal government behavior analysis, measures. Related concept is defined. On this basis, with property right theory, land appreciation income theory, the principal-agent theory and system change theory we explain the internal systems and external system causes. These theories also provide the theoretical basis to hold land illegal activitySecond, we analyze to comb 2001-2010 illegal lands in our country systematically. We analyze illegal land in ten years: from three aspects: the first one is the land violations of the overall situation, including illegal quantity, form, and annual illegal degree; the second one analyses illegal conduct in different regional land, including the illegal land cases in north China, the northeast region illegal land cases, the east China area land illegal cases, the zhongnan district land illegal cases, the southwest region land illegal cases and the northwest land illegal cases, and we discuss the relationship between the different regional economic development speed and illegal cases; the third one analyses land illegal behavior of different main body, including administrative organs of the cases involving illegal land, village (group) collective land illegal cases, involving enterprise or business the unit land illegal cases and personal land illegal cases. Third, we analyze the system causes of the phenomenon of illegal land. from internal system and external system on the basis of analyzing the decade illegal land situation. Land illegal behavior exists defects of the system of land supply and land income distribution system defects in the internal institutional factors. In land supply system defects, first, we analyses the characteristics of land supply system, second, by using Environmental kuznets Curve Hypothesis we know that at present our country is in period of rapid development of non-agriculturalization of farmland and land expropriation low cost period, at this stage the central government and local government making the rational choice to development and land concludes that the land supply behavior subject target interest orientation and internal behavior in different is one of the important reasons for the illegal land; third ,by selecting the total construction land supply data, primary market and the secondary market construction land supply data, we conduct a comparative analysis and draw a conclusion that in the construction land supply market, primary market for trading in the land transfer mode of construction land supply monopoly market, the market supply of the subject in a single, , the secondary market give priority t to rent and transfer. In the period of rapid industrialization and urbanization, the land demand far exceed the supply of land reality, namely land supply and demand contradiction is another important reason of land illegal behavior.. In land income distribution system and imperfection of illegal land, the main reason is the distribution of the land transfer income between the central government and local government, the distribution proportion characteristics of the land transfer spending between the local government and landless peasants. The external system cause of Land violations come from three aspects including the difference between government and the local interest orientation, the local government performance evaluation system defects and rural grassroots governance system defects. By the establishment of the game model, we make a concrete analysis to the supervision of the central government and the local government behavior of non-agriculturalization of farmland, and point out that the inconsistent central and local government interest orientation is an important external system cause in the behavior of the illegal land; Second, the local government performance evaluation system defects mainly embody in the simplification of the evaluation index, assessment main body and behavioral rating; and the defects of the system of rural grassroots management mainly embody in the indeterminacy of the status of rural village committee and rural collective land property rights subject , the failure between villagers' committee and the villagers of the principal-agent relationship and the lack of effective supervision mechanism in rural grassroots and so on. These are all become illegal land system for the ongoing case.Fourth, based on the analysis of the system causes of the land violations, we make the relevant mechanism design which can against the land violations ,and further clear the responsibility of the relevant subjects. This article constructs mechanisms from the four aspects to curb land violations: First, prevention mechanisms. This prevention mechanisms Include two aspects: strengthening the awareness of the subjects of the land law and improving the land management laws and regulations. For the former ,we can take some measures that include strengthening the theoretical research and education about the land-related laws and regulations,emphasizing the rigor of legislation,improving the land property rights system,making a clear status of land use planning in legal form,Improving land management decision-making, implementation, monitoring of the operation of power mechanism and other measures to achieve it. The second is the detection and suppression mechanisms which mainly Include publishing the information of the land use,establishing the public participation and reporting mechanism,smoothing the flow channels of the information,strengthening the responsibility system for dynamic inspections,improving the linkage reaction mechanism,improving the information construction of the land law enforcement; Third,the regulation of long-term mechanism. This mechanism Includes the reform of the land supply system,breaking the government monopoly on the supply of land,strictly delineating the public interest areas,reforming the pattern of distribution of benefits of the central and local government,establishing and perfecting the mechanism of rewards and punishments of illegal land,reforming the evaluation system of local performance; Fourth, the mechanism of common responsibility. It mainly Includes the establishment of a common land management accountability mechanisms,the establishment of the land violations of the "accountability" mechanisms. In this paper, mechanism buildings highlight the responsibility of the relevant interest subjcts and mainly clear the government responsibility and civic responsibility. Government responsibility is mainly defined from the three aspects: including government liability,government responsibility and government social responsibility; civic responsibilities include the conscious discipline,maintain the laws,norms and constraints of their own words and deeds, and to raise and enhance the awareness of land conservation, understanding the sustainable use of government land resources information, in reporting the waste of land resources and land use of illegal behavior, conscientiously performing and participating in the monitoring violations,ect..In this paper, these are some possible innovations:First, we make a systematic collation for the data of 2001-2010 about all provinces (autonomous regions and municipalities) of illegal land-related data, We analysis the Situation of Land violations in the decade from the main three levels ,the subjects of national, regional and land violations ,for the first time, that it clears the land size of the illegal cases,the number of cases of illegal land use and the relations of land violations and economic development in the different regions, and that it can make reference for revealing the illegal land use and formulating to curb illegal land use policies and regulations of the scientific.The second is delineating the focus of the investigation and handling of illegal land use cases in different subjects and different regions for the first time by the systematic analysis of Illegal cases and the extent of the various types of violations to the principal (the executive authorities, the village (group) collective enterprises, institutions, individuals, etc.) to Identify the various types of illegal land use cases investigated and dealt with the focus to provide a basis for the exercise of China's land management department.The third is considering the institutional level, particularly internal systems and external system of land management, analysis as an entry point for illegal land ,using curve model of economic ,like supply and demand curve,the curve model of the environmental Kuznets curve, and so on. At the same time ,we analysis the causes of the system of land violations of illegal land from the land supply system,the land revenue distribution system,the Game of central and the local government,local government performance appraisal system,the primary system of governance in rural areas more comprehensively and more systematically; The fourth Innovation is the analysis methods. This paper combines the supply and demand analysis, cost-benefit analysis, game theory analysis, system analysis method, and the Environmental Kuznets curve for land illegal behavior analysis, which is relatively rare on land illegal behavior analysis; Five, it is the first time to make mechanism design to curb violations from preventive mechanisms, discovery and stop mechanism, long-term regulatory and the common accountability mechanisms, to put forward to Curb land violations of government responsibility and civic responsibility ,which curb the illegal land system construction with the reference value of theory and practice.
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