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A Study On The Legal Problems In The Process Of Urbanization In

Posted on:2015-02-01Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2206330461999715Subject:Law
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Urbanization is the only way of the transformation from traditional agricultural society to industrial society. The thirty-five-year of reform and opening-up is the rapid development period of urbanization in our country. Urbanization is the only way of modernization development. Around the world, many countries have completed and even developed the counter urbanization phenomenon, while some other countries are in the process of urbanization. But the urbanization of our country has its own characteristics. Firstly, its outstanding issues are the institutional barriers brought by the urban-rural dual management structure in population management, social insurance, land system, etc., in the process of urban-rural integration, which surely will cause a series of problems in the transfer of agricultural population to the cities and their employment, collective land entering into the market circulation, etc.. Secondly, the problems of infrastructure and social security, brought by a large number of urban population expansion, need financial support, and our existing legal system of local government debt and financing needs to be perfected. Thirdly, China’s urbanization is dominated by the government, so the impulse of building cities stimulated by land economy is obvious, and it lacks industry support and democratic decision-making. In such a case, this article, taking Qinhuangdao as an example, adopts the ways of the field interview and questionnaire to conduct empirical research, and sums up several legal problems based on the specific obstacles appeared in Qinhuangdao’s process of urbanization:household registry reform and its supporting measures are not synchronized; the urban and rural social security measures cannot connect; the legal relation of local government financing is complex and the risks increase sharply; there exists problems in land legislation:early the transfer from collective land to state-owned land lacks legal basis, and now the collective land circulation lacks institutional norms; planning legislation of public participation is not perfect, the willingness of public participation is low, and the ways of participation are not open. The "reality" phenomena of practical problems and obstacles on the legal system all reflect the values in the "ideal" level, including the implementation of concept of equality in our constitution, straightening out central and local relations under the rule of law, the legal protection on the farmer collective property, and the public participation in the system construction of the state and society, etc. At present, our country has entered a crucial stage of urbanization, which is just the opportunity to perfect socialist rule of law. According to the investigation and comprehensive analysis, the article proposes the values of implementing constitutional equality and citizens, straightening out the existing obstacles in legal system, linking the relations between household registry system and other social systems, straightening out the legal relationship of local financing, perfecting land legislation, improving public participation system in the process of urbanization, and puts forward the concrete countermeasures in the non-legal angle to Qinhuangdao urbanization in consideration of the limitation of the legislative law to local legislative power.
Keywords/Search Tags:the urban-rural integration, present situation of urbanization, legal issue, countermeasures of urbanization
PDF Full Text Request
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