The Legal System Of Our Land Inspectors

The ways of traditional supervision are administrative supervision and internal land management department, but illegal land actions were still serious, so the system of Land supervision has established. Because the system of land supervision is very new, the legal researches are few, in order to make the legal relations more clear, this article is on the base of experience, refers to"The Rules of Land Supervision " (draft) , mainly analyzes the legal matters of the system of land supervision .This article takes the lack of supervision in land management as a breakthrough point, from the goal, the object, the subject, the power and the procedure to research the system of land supervision. This article divides into four parts:The first part, points out the correct relations between land supervision, the administrative supervision and land management. The organization of the land supervision does not substitute for the responsibilities of local government. Next, analyzes the necessity for the system of land supervision. Finally, the author points out that we have to carry on some adjustment to establishing the local government as the representative of state-owned land property.The second part, states the target of the land supervision, the author think the goal is the protection of the land and the state-owned land as the macro-control measures, and protection of the land is the higher-level goal. The subject is clear about its independent status. The object is the local government behavior which is related to the central authority, in which mainly is the provincial government .Moreover; the author thinks it is not suitable to expand to the real estate.The third part, the author analyzes the origin and the nature of the power. Analyzing the structure of the power in overseas, the author believes that the power of land supervision at present is too small, and must provide the power to confirm illegal actions and the suitable punishment.The fourth part, the author states several important matters in the procedure: the discovery mechanism, the evasion system, the collective and written decision system, the correction mechanism, the feedback mechanism. Pointes out the insufficiency in the system of land supervision, and suggests introducing the hearing procedure.