Researches On Illegal Land Behaviors And Legal Liability Of Local Government

Land is not only scarce non-renewable resources, but also the largest state and society's resources and wealth. The fundamental realities in china are little land for more population and the lack of arable land reserve resources. For national conditions china must implement a strategy for sustainable land use and the most stringent land management system. In recent years, with the rapid development of economy and society and accelerating industrialization and urbanization process, the demand for land is growing, illegal land cases are keeping up an increasing trend and almost all serious illegal land cases involves local government. The local government-led large-scale illegal land behaviors which has caused a serious waste of land resource, especially of arable land, exacerbates the extremely sharp human-land conflict and brings great harm to the state and society. So analyzing the data and examples of relevant cases and the characteristics and specific forms of illegal land administration of local government, gets the conclusion legal liability which is the best deterrent effect for criminal law so as to arrive at the protection of national land resources looked very pale. The lack of legal liability resulted in the passive situation of high illegal income, low-cost illegal land behaviors of local government is an important reason for its spread. For the status quo of land legal liability, this article puts forward a idea of improving the legal liability of local government land behaviors to regulate illegal land behaviors of local government, protect arable land and achieve economical use of land-intensive.This paper is divided into seven chapters. The contents of this paper are showed as follows:In introduction, the researching background and value, purpose and content, methods and technology roadmap, possible innovative and lack is put forward, as well as research status at home and abroad. In chapter two, the concept of illegal land administration of local government and Legal Liability are raised after the reference to predecessors'definition of local government, illegal land behaviors and legal liability. The administrative and legal responsibility of illegal land behaviors are summed up from China's current law. In chapter three, through collecting a large number of illegal land use cases and relevant data, an analysis on the present situation and typical cases of illegal land use involving local government are carried out, and four typical characteristics and Specific form are summed up. The serious consequences of this kind of conduct are analyzed through four aspects—national food security, social interest of land-lost peasants, the order of the land market, and Government's credibility and execution. In chapter four, the reasons of illegal land behaviors of local government are anatomized. The own reasons and the external causes in system, institutional and land mechanism aspects are analyzed. In chapter five, foreign experiences related to legal liability of illegal land behaviors of local government are summarized. In chapter six, measures to improve the legal liability of local government land behaviors are raised through four aspects:provisions on strict specific administrative responsibility; improving the legal liability of administrative compensation; expand the scope of the subject of criminal responsibility; increase the types of penalties and increased criminal penalties. Conclusion summarizes the main conclusions of the article.