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Analysis Of The Legal Status Of China's Local Governments In The Land

Posted on:2008-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:R J WangFull Text:PDF
GTID:2206360215984560Subject:Economic Law
Abstract/Summary:PDF Full Text Request
National land is one of the most fundamental elements of national economic development. The transfer of land-use fight (be called the transfer of land below) system is an important way to the use of national land. Local Government is one of the main bodies of the land transfer. However, the legal status of the Local Government has not been specifically provided for in our current law. In my view, the Local Government is firstly the representative of the country land ownership in the transfer of the urban land, which can be seen from the historical background of the land reform and the Legal Authorizes Theories. However, it should be emphasized that Local Government is different from other main body of the ownership. The most important reason for this is that Local Government has double identities in the transfer of land ownership, both administrator and the owner. Local Government often confuses with the use of this capacity. She can draw support from administrative powers to strengthen her ownership status and thus trigger serious social problems. In view of this, the author proved the land as the social property, and then analyzed the market limits and limits of government action in the land transactions. Improve the supervision system to Local Government is the inevitable requirement for the implementation of the government line. The last part of the article discussed the legal responsibilities of the Local Government and the investigation procedures in land transactions. Local Government should undertake multiple responsibilities, which are political responsibility and legal liability. If they act beyond the limits, the judicatory procedures of the responsibilities will be The Public Welfare Litigation.
Keywords/Search Tags:Local Government, the transfer of land-use right, representative of the ownership, limits of acts, supervision system, legal responsibility
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