Research On Government Responsibility In Land Collection

"The French Civil Code " has established the basic principle—"the mistake responsibility" more than 200 years ago , Everybody must undertake the responsibility strictly to their own behavior , so must the government. When the government acts illegally, the government should also undertake the responsibility legally. But strengthening the government responsibility governed by law in the current land collection is even more to be urgent and important.When the government enjoys administrative authority legally in the land collection, it must undertake the corresponding legal liability legally and restrains its behavior to be capricious. Through government responsibility governed by law, making every effort to achieve "whose behavior, who to be responsible", to improve the government administrative action's quality.The modern responsibility idea requests "the consistent of power and responsibility, everybody all may be punished". Authority and responsibility is dialectical and consistent, The responsibility is the premise to be awarded the authority and the authority is the safeguard to fulfill the responsibility.As to responsible government's essence, what it materially receives is "the consistent idea of power and responsibility".As to our country, its administrative pattern is transforming from "the authority administration" to "the responsibility administration", the essence is to make every effort to abandon the tradition top-down controlled administration pattern that only depends upon the authority operation and floods the unbalance and flaw of responsibility, but attempts to construct one kind that takes "the consistent of power and responsibility" as the idea of new government administration pattern. Complete "consistent idea of power and responsibility" intrinsically contains three organic unifications which are the consistent idea of power and responsibility, the authority surveillance to keep in balance and the consummation responsibility investigation system.This article is written from the responsibility to the responsible government, from the responsible government to the government responsibility and from the government responsibility to the government responsibility in the land collection, it links up the full text by "the responsibility". It carries on in-depth analysis by the realistic case, and analyzes the reason why the government responsibility is not controlled legally, in order to propose the legal construction of the government responsibility in the land collection. The actual content is as follows: The first part embarks from three concepts of the responsibility, the responsible government and the government responsibility, elaborates its meaning and the relation. Based on the angle of view of economic law, analyze the modern responsibility governed by law, and points out constrained by the time and the systems, The traditional legal liability theory exists inevitably with narrowness and flaw, its limitation already comes prominently day by day. As a result of economic law responsibility is growing vigorously, expanding and surmounting, thus is more advantageous for the government to undertake its economy and the community responsibility for its behavior, then propose government responsibility under the responsible government field of vision based on this, Stress that "everybody may be punished, the responsible government must land the responsibility on feet".The second part further elaborates the government responsibility in the land collection. First, it elaborates the current law in the land collection about the government responsibility, and makes the analysis. Next, embarking from the social public interest's maintenance and government responsibility's angle, it proves why government responsibility must be stipulated in the current law.The third part makes the inspection of why the government responsibility is not controlled legally through the Zhejiang Longquan Government land-levying dispute in the land collection, analyze the reason why the government responsibility is not controlled legally in the land collection, and make the self-criticism to it from the idea, the mechanism and the legislation. Meanwhile, it elaborates the government responsibility of land collection in the overseas developed countries that gives our country's enlightenment.Based on responsible government's angle of view ,the fourth part proposes in the legal construction to the government responsibility in the land collection, and propose the responsible government consistent of power and responsibility law idea; From establishing land collection goal validity examination mechanism, Government responsibility corresponding laws' improvement, innovate government responsibility management mechanism in land collection and so on, Complete the system construction in the land collection. Improve government responsibility supervising mechanism , establish economical public welfare lawsuit mechanism, to safeguard government responsibility to be realized from the procedure of the land collection.