Study On The Governance Of Local Governments’ Land Law Violations

Along with the rapid economic and social development, continuous advancing of urbanization and increasingly prominent contradiction between land supply and demand in our country, local governments’ land law violations are emergeing in an endless stream. It has greatly weakened the effect of the central government on land control policies and has become a serious problem to be governed effectively for land administration and social development. The local governments’ land law violations have been gotten under control to certain extent with the continuous strengthening of governing; however, the overall situation is still rigorous. By applying governance theory, public choice theory and principal-agent theory, the study defines the concept of the governance of local governments’land law violations, constructs a comprehensive analytical framework and makes a further discussion in three aspects including the subject, object and means of governance.Main conclusions are generalized as follows:(1) Although the quantity and size of local governments’land law violations have lessened to a certain extent and the frequency has been decreasing, the situation is still rigorous. The overall spatial distribution is relatively decentralized while there is partial building-up effect. The structural distribution is mainly concentrated on county and township basic-level government, with a downward moving trend. This dissertation has constructed the spatiotemporal dynamic panel model based on the panel data of30Chinese provinces over the period1999to2010and made an empirical research on the main affecting factors of local governments’ land law violations under the background of current system. For governance of local governments’ land law violations, not only the general affecting factors including local economy, finance, system and law in current period shall be taken into account, but also the influence of the present and previous illegal activities on land by the adjacent governments in this region shall be taken into account. It can be achieved by strengthening the detection and punishment force for past illegal land behaviors, improving the information disclosure mechanism, establishing a rational political performance evaluation system and developing a healthy social environment.(2) The governing subject include the central government, the provincial government, the municipal government and the county government, farmers, nonprofit organization, public opinion and other individuals and so on. It has been approved that there exist defects in governance structure such as the imbalance between governmental control and social control and the asymmetry of main body structure and power structure, which affects the control effects. So the subjects can be optimized from the following two aspects: first, bring the advantageous gifts of the existing subjects into play, bring the social subjects including the farmers, nonprofit organizations, network and media into play in participation in control, probe into the new type of the subjects and enhance the control consciousness of the parties concerned to form multiple subjects controlling the local governments’land law violations; second, form the effective contact among the control subjects through perfecting the land system and information sharing system. This study analyzed the relationship between local government system and all stakeholders with the method of game theory. It is shown by the findings that the central government shall set down the rigorous systems and policies and increase the supervision, investigation and punishment of the illegal land use by the local government and the land use enterprises to deter the legal land use; the participation of the farmers in the supervision and maintenance of the legal rights is also very necessary, as can broaden the supervision channel, reduce the control cost of the central government and exert a certain pressure on the central government as well to urge it to rigorously control the land law violations.(3) The governing objects including illegal land requisition, illegal land use approval, low-price land transfer and other illegal behaviors, focus on "behaviors" and have invisibility and uncertainty. By means of the micro survey data, this dissertation established a structural equation model for verification and to analyze the behavioral motive of the control objects of local governments’land law violations at present. It is indicated by the findings:on the one hand, the uncertainty of the control objects in the standard of judgment and time would weaken the perception of the local government and decrease the strength of controlling, so it is necessary to clearly define the control objects of the local governments’land law violations by strengthening the laws; on the other hand, the control objects are mainly the behaviors of illegal land use, so the control over the "behaviors" is limited, affecting the control effects to some extent. It is necessary to take into consideration the behavioral motive of the local governments’land law violations and regard the assessment criterion for governmental achievements of the local governments, the system of financial decentralization, land approval procedure, land planning system, the social environment, the legal consciousness and morality of the working personnel in the local government as well as the corruption in land by the local officials as the control objects for comprehensive control.(4) The governing means mainly include land supervision and inspection, land accountability, economic means and other means. The administrative and legal means play an important role while other means are in relative shortage, meanwhile, the supervision in process and the ex post punishment play an important role while the prior prevention is still in shortage. This study based on the data from30provinces in China, establishes the system dynamics model for the control over the local governments’ land law violations, studies out the different control schemes and carries out the analog simulation and evaluates the control effects of the different types of the means. It is shown by the findings that the different types of the control means play a certain role in holding back the local governments’ land law violations, however, the simple control has a certain limitation. So it is necessary to do well in prior prevention, supervision in process and ex post punishment concurrently and take multiple comprehensive control means to effectively improve the effects of control over the local governments’land law violations.