Land Use Conflict And Its Management In The Process Of The Urbanization

The fourth plenary session of the eighteenth putted forward "the rule of law" at the same time,also pointed out that the current social contradictions in our country is very serious,clearly putted forward "challenges of contradiction risk are unprecedented".And now,among the social conflicts in China,the conflict caused by land use problem is no doubt that the main component of social contradictions.Now,the rapid development of urbanization has brought profound changes in social economy and culture.Between urban and rural areas,the bodies of urban land use increasingly diversified,the land use relationship is increasingly complicated and land use behavior increasingly diversified.With the interests of the non-agriculturization Manifested and become a social consensus,land use management work is facing more challenge and pressure.The existing land use management system,work system,yet does not apply to the work of the new situation needs.Changes of urban and rural relationship Brought by the urbanization development,and land rights and interests of the urban and rural residents demands continuously strengthened,shows that the existing institutional arrangements and the governance structure is obviously insufficient to meet the interests of the various aspects of the land use demands and to resolve conflicts,so that the quantity and types of land use conflict are increasing and has become the main contradiction in the social conflicts at the present stage in China.For this reason,this paper aims to explore the land use conflict causes and corresponding governance path with the background of urbanization development.Specifically,the aim of this paper is,through the analysis in the process of urbanization in today,to find that how social and economic development brings new problems and situation of land use so that causes the land use conflict,as well as how the deficiency of the existing institutional arrangements,corporate governance led to the happening,deterioration and continue of the conflict;Further,the paper puts forward the policy advice which is targeted,suit our country reality,meet the needs of the present and the future development of urbanization,to guide the land system reform and the governance structure of further improvement.The content of this article is divided into three parts altogether ten chapters.Three parts most investigated in this paper including:the basis of building;the current situation,causes and governance mechanism of land use conflicts;the solution of three aspects of the land use conflicts in the development of urbanization.In the first section,it contains the firest three chapters.Specifically,the research content of this article is:firstly,depending on the study of land use conflict problem,this paper select risk society theory,social conflict theory,the social combustion theory,stakeholder theory as the theoretical basis of this article research,to analyze the formation and evolution of land use conflict problem.And then,through the study of related literature at China and abroad,summarizes the particularity of the current land use conflicts in China,and show the importance of this problem,analyzes the definition about the concept of land use conflicts,summarizes the reasons which leads to the formation of a land use conflicts in various aspects of factors,at the same time,summarizes the scholars use research methods,up to existing research are reviewed.After laid a theoretical foundation,and finished the research summary,further built a basic analytical framework with the concept of land relationship in the development of urbanization.The second setion contains the 4-6 chapters.After the basic work finished;we began in earnest analysis of the research problem.The relationship between urbanization development and land use conflict is discussed in the fourth chapter.Firstly,the causes of land use conflict under the background of urbanization development in our country are analyzed.The author believes that the land system lags behind the needs of the real world is the reason why the land use conflict problems in the process of urbanization happened.Thus making the existing system cannot achieve the equilibrium of interests and effective supervision of land use.Further,the comparison of Chinese three areas shows that the areas with different level of urbanization,the patterns and causes of land use conflicts is different.In the fifth chapter,we summarized and concluded the types and performance characteristics of land use conflicts.In this chapter,case analysis methold has carried on the classification of the evidence to show the practical significance of the classification.According to the different goals of land use,divides land use conflict as the conflict between economic target and ecology,economic target and social and public interests,the conflicts between ecological environment and social and public interests;Starting from the different main body of land use,divided land use conflicts as the conflicts between farmers,the conflict between farmers and companies,the conflict between the farmers and the government,the conflict between central and local categories conflict;According to the differential expression of conflicts,divides the procedure conflicts,the structure of the value conflict,conflict of interest,four types of conflict;In addition,types also classified with the legal characterization of conflict.In the sixth chapter,this article discussed the damage of land use conflicts in the process of the urbanization.The analysis of four typical cases shows that the damages of land use conflicts are manifold.And the damages of land use conflicts are summarized as four main aspects:the casualties and property losses,society and politics hazards.According to the corresponding criterion,divide the damage degree to five degree which including minor land use conflicts,general land use conflicts,moderate land use conflicts,heavy land use conflicts,significant land use conflicts.After completing the division of land use conflict damage,this article shows that the early warning mechanism of land use conflict has practical necessity and operability.With the summarizing of the case and supporting of the social combustion theory,the direction of damage early warning mechanism is putted forward.The construction of index system of damage early warning mechanism should be included four core factors:Conflict environment,source of conflict,stakeholders,and catalyst.In the last section,it contains the 7-9 chapters.In the seventh chapter,in view of the game disorder and interest above everything that mentioned above,we build the stakeholder analysis framework to analyze the behavior of managers and users in the land use.The managers included central government,local governments,regulated,land users include land enterprises,urban residents and rural residents.Through anglicising the game ability and goals of them,summarized the influence and the result,and researched on the formation of land use conflict.The study found that the formation of the land use conflict is due to the various stakeholders' different goals on the land use,and imperfect rules.On this basis,further study through the analysis of typical cases to reveal the land use conflict reason,including the case to the problem of information disclosure caused by litigation dispute of reconsideration,city planning changes cause enterprises to use construction land recovery problems lead to disputes,farmers' land ownership that lead to disputes,and urban real estate boundary demarcation disputes.And found that the cause of the land use conflict in many aspects,and its root lies in the defects of the system of interest distribution which causes diverse stakeholders into a fight.Whereas,with the advancement of urbanization,supervision mechanism and technical means,system perfecting,that the land illegal momentum is receiving the curb.In the eightth chapter,this author analyzes the existing regulatory policies and ideas,to verify that whether they can solve the outbreak of the land use conflicts.Nanjing city as a study area was analyzed in this study,this author found that the existing train of thought of land reform which emphasizes the thinking of safeguard citizens land rights and constraint government behavior is right,but due to a lack of clear rules detail design and system arrangement.And the top-level system which designed to make local governments rely on land to promote economic development makes the land use conflicts lack of an effect radical cure and prevention.At the same time,there is also serious bias of reconsideration and litigation result which is beneficial to government in the disputes governance.The disputes cannot be resolved effectively,with this situation,the masses are despair to the ways of safeguard with legal rights,and finally lead to the conflict.With the two aspects of government anomie and dispute resolving mechanism failure,leading to land use conflict cannot be resolved and prevented.In the nineth chapter,combined with the background of present urbanization development in our country,this study further explored the governance mechanism of land use conflict and adapts to a development of urbanization path.About urbanization development path,there are three Suggestions:(1)Setting up the "people-oriented" goal of urbanization.(2)Complying with the "progressive" urbanization speed.(3)Grasping the "revenue sharing " of urbanization.On the land system reform,the author puts forward three Suggestions:(1)To perfect the land property rights system is the starting point of the land system reform.(2)Taking the land market as the direction of the land system reform.(3)Land use conflict management should be ruled by law.The author believes that land use conflict management should set out from four aspects:(1)Local government should change to remain neutral in the land use conflict.(2)The communication and coordination mechanism should be constructed,and the government should relax administrative control.(3)Building the early warning mechanism to preven further damage.(4)Land legislation is important.It is needed to build a legal framework of problem solving.(5)Advocating the spirit of the rule of law,recasting social consensus.Chapter ten is this article research conclusion and prospect.This article has four main research conclusion:firstly,land use conflict developments with the evolution of urbanization;secondly,the division of land use conflict is the key to the understanding of land use conflict;thirdly,management,urbanization,economic development and policy system improvement are the important factors affecting land use conflicts;finally land use conflict management should focus on land system reform,and optimize the path of urbanization.