| Violation of land law is one of the anomie phenomenon during Chinese transitional period. With the rapid development of economy and urbanization construction nearly a decade to2001-2010, the demand of land is increasing. Land is the limited production resources while in the face of growing demand, so the contradiction between supply and demand is gradually serious. In the economic interests and government entities at all levels around the blind pursuit of GDP, driven by unregulated land use and even violation behavior emerge in endlessly. It is the land illegal cases and abusing arable land that cause the country’s great attention. In view of this, this paper researches on the land illegal behavior in transitional period, it seizes the evolution characteristics, inducing mechanism and resolving mechanism, and it tries to find the measures to solve the problem of our country land illegal during the transitional period.This paper uses the method of combining the qualitative analysis and quantitative analysis to build theoretical framework for the mechanism of induced land illegal behaviors, to formulate a system of land illegal behaviors induced factors including system factors, economic factors, social factors and legal factors as a whole, then using the related social economic statistical data for empirical testing. On the basis of these researches, it puts forword comprehensive dissolve of countermeasure and the suggestion for illegal land behaviors during transitional period. The main research contents and conclusions are as follows:Based on land use behavior characteristics, using criminology research paradigm and merton social anomie theory, this paper constructs the analytical model of land illegal in Chinese transitional period(also known as the "land use behavior anomie"). Its theoretical connotation:land illegal in Chinese transitional time mainly due to the rapid social transition period social structure (value, specification), unable to ease the contradiction and its projection in individual life. This pattern tends to explore the land illegal social structural causes, and analyzes the value and specification of land illegal behaviors caused by social structural adjustment in transitional period(macro view), and the two key factors in individual social activity level projection. This projection is an important factor to determine individual behavior anomie (micro perspective).(1)At the macro perspective, the core of this thesis variables include:the dependent variable land illegal behavior; Intermediate variable tension, dissolution;Independent variable values, social class, legal norms. This thesis from the macroscopic perspective described as:land illegal behavior mainly due to changes in values, social stratification structure imbalance and fracture, resulting in social tensions in the period of social transition. It is lack of effective laws and regulations to resolve social tensions. The rapid development of economy makes people’s values distorted, excessive pursuit of material interest and ignoring the socialist values, excessive pursuit of personal interests and ignoring the public interests and collective interests, traditional moral concept conflict between loss and change. As well as some factors promote the spread of discontent such as the complicated interests of the class structure, deviating from the professional status and social reward, the widening gap between rich and poor and the gini coefficient. And our country is in the period of social transition, the relevant land legal system is not perfect. Lack of the good system of land security can not ensure the land use in the process of interest differentiation in order and justice, which lead in corruption and indulgence of land management, social tensions slow to resolve, so social tensions in the form of illegal land eventually released.(2)The core of the micro level, this thesis variables include:intermediate variable tension, dissoluton; independent variable target, reality, legal method, the illegal cost. Dependent variable land illegal act refers to the individual symbiotic and synchronic illegal behaviors are formed by social factors and general projection. Intermediate variable strain accumulation is due to the imbalance of social stratification structure in the individual energy, through the independent variable of the target and reality. Independent variable target, it is the individual pursuit of social production and living materials, through the target reflected expectations; The independent variable reality is individual to pursue the actual situation of the social production and living materials possess, through the real satisfaction. Dissolution of intermediate variable is the legitimacy of social tension, through the independent legal method and the cost of illegal. Independent legal method is that people obtain land resource method within social legal; and individual life information has been obtained through illegal ways is the independent variable illegal cost, through the social cognition, the cognition of criminal law, the judicial efficiency evaluation.At present, our country is in rapid development of the industrialization and urbanization and the social transition, various social situation changed dramatically in this period. In which the prominent contradiction between human and land, land resource is increasingly unable to meet the needs of industrialization urbanization and economic development, and the correct concept of value has not been formed, pursuit of economic interests of the dominant value trend is still generally received by people. Therefore, in order to obtain the immediate interests, some companies even regardless of the law, local government illegal occupation of land, which cause a large number of illegal use of land. From the point of the development of foreign economic developed countries, in the course of their industrialization urbanization, the land illegal number also on the rise. With the gradual improvement of the level of economic development and legal system gradually perfect, the land illegal number is on the decline, and ultimately to lower levels. Therefore, our country high incidence trend of current land illegal behavior is adapted to specific economic and social development period, that is suit to the social transition of our country.Therefore, we should be from two aspects to build up the dissolve transition of illegal land mechanism, such as"advocate the land ethics, set up the correct valuesof land use","perfect relevant legal system and the system mechanism, the standard of land use behavior". Specifically:first of all, seting up the ecological and moral consciousness of land use and building the moral man land relationship; secondly, we can improve the system of land law from three aspects:the land law system perfect, the reform of management system and innovation of land law enforcement mechanism.On this basis, the paper takes G province for example, it selects the land illegal driving factors from the perspective of quantitative through the choice of driving factors, driver model building, data collection, and estimate measurement steps. Measurement estimation results show that:(1) Land illegal behaviors and values index showed a negative correlation relationship, and through the test of significance of10%, which showed that the values of the more clear, positive and uplifting. Then people could take the smaller the probability of illegal land, namely the right values to curb illegal land has a positive role. This also from the opposite side verified, in the period of social transition, people more and more materialistic values, land illegal behavior is increasing. Land illegal behavior and specification (system) index showed a negative correlation, And through the test of significance of10%, this shows that land legal responsibility, the more complete, deterrence, the more people who are also unable to take the land illegal behavior, namely complete land legal responsibility helps to curb illegal behavior. It also tells us that in the period of social transition, in the face of increasingly complex and changeable social environment, we need to adjust, modify and perfect relevant legal system, thus forming the land illegal behavior of continuous high pressure situation.(2)"Cultural degree, unit leaders, land the deterrent strength of legal responsibility, and evaluation of material life, the land illegal to cause the role" the five variables by significance test, which means that the five variables have significant influence on land illegal behavior; and in the five significant variables,"land law responsibility deterrent force" are negatively related with illegal land. Namely the severe penalties for illegal land, the people through the illegal cost-benefit comparison analysis, realize that "illegal is something not worth", also they will not take the land illegal behavior. |
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