Legal Study On The Rural Residential Land Consolidation

The new major historic task of our country socialist construction in the new erais urban integration of the construction of new rural area. And the most importantproblem which in need of careful balance is the construction of new rural areas forrural residential land resources planning and actual use as well as its policies andregulations.Central Document No.1that holds the1800000000mu of arable land in the rigidindex. In2007, Premier Wen JiaBao ensured the boundary of1800000000mu arableland and said," In the land issue, we must not be guilty of historic errors, seriouslyharm future generations."2011Ministry of land natural resources also indicates in thefuture, the work should focus on the cultivation of how to organize the idle land andrequire local governments to use the land resource that sorted out in the rural planningreasonably.The current rural residential land consolidation mainly combines the urbanintegration construction to make further progress. The essay settlements the ruralresidential land resources as the research object to analyze the problems in theprocess of rural residential land consolidation from legal perspective.The current rural residential land consolidation is still in the immature stage andlocal government mainly promote this portion of land resources development processthrough different ways. Some areas ensure all kinds of land use on the basis of thebalance in accordance with the urban and rural construction land increase hook policyguidance. They reclaim the rural residential land resources, while expanding the areaof city construction. Some areas exploit the rural land resources through theintroduction of enterprise consolidation way for commercial development. In thedevelopment process, land resources are circulated into land market all aspects oflegislation, law enforcement, judicial and legal supervision in different dimensions of the legal defects. Due to the imperfect of legal system and supervision, there aremany legal problems on the move in the actual operation. The development of landresources in the circulation procedure is lack of perfect legislation, and thegovernment departments do not take effectively administrative laws and regulation inthe operation of land project collaboration. All of these lead to the relevantadministrative procedures should be regulated by law, and the distribution of interestsshould be restricted by reasonable legal system. While this part of the land resourcesoriginally belongs to farmers are circulated into the land market, on the one hand, thecompensation problems of farmers need the legal protection, and on the other hand itrequires law enforcement to protect farmer rights and interests by reasonable andlawful administration.When talking about the rural residential land consolidation questions, this articlehas used the different research ways to solve through the angle which unifies the lawand the economy to consider the rural residential land consolidation. This part of landresource circulation land market’s related link is deciding the land economic valuefinally. Next the article uses the comparison method to carry on the referenceregarding the regional successful development pattern, which brings a relatively clearunderstanding of the legal issues under different development patterns. It also drawssuccessful experience from the overseas land arrangements, and finally because of thereorganization of the rural residential land resource simultaneously to further thecities integration construction, it brings political effect and the social meaning isprofound. Therefore, we should analyze the countryside residential area landarrangements from the unification of political and social culture, as well as the legalculture view.This article discusses the questions of legal rights and interest on the ruralresidential land consolidation from the following aspects.First, it clarifies the legal ownership of rural residential organization, andemphasizes that as the real right subject, the countryside collective must have theabsolute real right and be protected by law, and the resources make land arrangementspatterns. Second, for the related links of rural residential organization in countrysideland resource, it needs the perfection of administrative oversight system, therefore, we emphasize that the government departments should ensure the open andtransparence of administration procedure as well as the strict procedure. Third, thisarticle stresses on the protection of the farmers’ legal rights in the rural residentialland consolidation process, and the compensation standard and the followingrelocation work of farmers. No matter what kind of arrangements patterns that wetake, we must guarantee that the farmers’ rights and interests are not violated, payattention to the survival question as well as the employment problems, etc. Fourth,this article gives some suggestions on rural residential land consolidation system. Thecountryside residential area land arrangements pattern must be done according to thezones of different the geographical environment to give the different reorganizationdevelopment pattern. Certainly, this article also gives some legislative suggestions,which hope to arrange rural residential land consolidation system by using thelegislative system.According to the academic research from legal level, we hope that we can makea better understanding and analyze the current rural residential land consolidation toseek a reasonable legal settlement mechanism for the purpose of making furtherrefinement of rural residential land in the legislative, judicial, law enforcement, legalsupervision level, and furthering the refinement of this part of the land resourcesdevelopment modes.