Study On China's Legal System Of Land Consolidation With The Perspective Of Urban And Rural Balancing Development

As the product of human's rational, orderly, and efficient use of land, land consolidation has a long history. Land consolidation, no matter the initial simple one or the present integrated and sustainable one plays an increasingly important role in many aspects, such as: improving the efficiency of the use of land resources, protecting a country's food security, protecting and improving the ecological environment, creating and optimizing the landscape ecology, promoting regional development and integration of urban and rural economic and social development. In view of China's land resources endowment and its exploiting situation, it's estimated that land consolidation will play an important role in the future planning of urban and rural development, especially the building of new socialist countryside. However, there are many problems in China's current legal system of land consolidation, which seriously restricts the function of land consolidation. Therefore, how to adapt to the new situation of China's urban and rural balancing development to establish and improve China's legal system of land consolidation has become an important and urgent issue.This paper is divided into four parts:The first part shows the general theory of land consolidation. The concept of land consolidation at home and abroad is analyzed through two dimensions: vertical history evolution and horizontal comparison. Then the actual concept of land consolidation is defined and the theoretical basis is described. Finally necessity for land consolidation is discussed, combined with China's real situation.The second part provides the historical evolution and experience of legal systems of land consolidation in foreign countries. Based on historical study and horizontal analysis for the legal system of land consolidation in countries with more mature practice in this aspect such as Germany and the Netherlands, some experience and reference is drawn on.China's current legal system of land consolidation is inspected in the third part. Legal system of land consolidation in China has gone through a process of gradually improving. Although the framework has been built , there are still many inadequacies, such as, narrow scope of land consolidation; the simple and single goal; the lack of authority and scientific basis in land consolidation planning; lack of public participation in land consolidation; unsuitable evaluation mechanism. The fourth part interprets how to improve the legal system of land consolidation with the perspective of urban and rural balancing development. Firstly, the deviation of the legislative value of land consolidation should be corrected from the root causes to establish scientific guiding principles; Secondly, the legal system for land consolidation should be improved continuously in order to provide normative support. Based on these two points, some basic legal systems, such as, system for public participation, land consolidation planning, land ownership adjustment, land consolidation evaluation and so on should be established and improved as soon as possible.