Problem Studies On Villagers' Committee's Violation Of Land Laws

Owing to the imperfection of legal system concerning the rural land, in the places where village collective economic organizations are not powerful, the villagers' committee undertake the work of developing local community public welfare as well as the duty of developing the collective economy of village. The only asset owned by the villagers' committee is the land, of which the villagers' committee have the ownership but not the right of disposal. Under the pressure of developing economy, constructing towns and the arrangement of leaders as well as facing the temptation of the collective and individual interests, the villagers' committee usually cast aside the restrictions of laws and regulations of land administration. There are many reasons that are attributed to the villagers' committee's acting against the land laws, but the fundamental one is the inequality between the ownership of land by peasant collectives and by the State. Only after the examination and approval procedures for conversion of agricultural land and for land requisition are completed can the land collectively owned by peasants be traded in market to reflect its value. However, since the land no longer belongs to the collective, the interest allocation has nothing to do with the peasants. To solve these problems, several solutions are suggested in the thesis. First, when the Real Right Law Draft and Administrative Compulsory Draft are submitted for examination and approval, the Law of Land Administration should also be revised so as to make the ownership by collectives legally equal to that by the State. Secondly, by reforming the requisition system and simplifying the administrative examination and approval procedures, the land owned by the State or collectives, which conforms to the general plans for the utilization of land and control of the usages of land, can be traded in the government land trade center by invitation to bid, by auction or by listed lease. At the same time when interest allocation is involved, preferential policy should be given in consideration of the differences of land ownerships. Last but not the least, the innovation of the means of administrative law enforcement is suggested, which is the effective solution to eliminate the villagers' committee illegal acts arising out of disposing of the collective land without authorization.