Research On The Feasibility Of Clauses About Geologic Hazards Control's Appointment In The Contract Of Land-Use Right Assignment

Nowadays, with the speed up of urbanization and the high development of economy of our country, human beings accelerate the exploit of land resource, and make it deficient. As the pioneer of reformation on land management system, Shenzhen City have a high rates on land exploitation. After twenty years' development, Shenzhen City got a big success on its construction. But at the same time, the destruction to geologic environment by human activities have been appeared. Since the plan of land exploitation and the protection is not enough, the land resource now is faced with severe threat in Shenzhen City. More and more side slopes formed and threatened the safety of people's life and property.So it's a good way in the land resources management's work about related person's responsibility establishment and geologic hazards' control to probe how to appoint the responsibilities of geologic hazards control into a contract of land-use right assignment. In this way, the transferor and transferee's rights and obligations about geologic hazards' control are clear in advance, and the ones who disobey it would be punished. This stimulates the two sides of the contract to carry out their obligations, at last to put geologic hazards' control into practice. When there are disputes, the clauses about geologic hazards' control would be ground.The contents of the clauses about geologic hazards' control should contain: evaluation of geologic hazards' risks before exploitation, control of geologic hazards existing in the land, control of geologic hazards caused by exploitation, and surrounding environment protection after exploitation, and so on.In general conditions, the responsibilities of geologic hazards' control should be undertaken by the land transferee. While in special conditions, such as the land is assigned by the second time, the land is transferred and so on, the ones responsible should be judged by practical situation.Since the land resources management have administrative rights in the contract's implementation, they can supervise the other side's actions to make sure they fulfill their obligations. At the same time, as main part of the society, the public also have the rights of supervising.If there are disputes about the clause of geologic hazards' control, either civil judicial ways or administrative judicial ways could be adopted here. Because of the special attribute of these clauses, the disputes should be resolved according to the principle of civil laws and administrative laws.