Study On The Treatment Measures Of Illegal Land Behaviors Of The Local Government

Land is non-renewable resources that human rely on it for survival. The land which is the source of production and existence carries the hope of human survival and development. The quality and quantity of the land especially the arable land determine the survival of humanity directly. Without land, humans can’t survive. land to the human being is as important as air and water. For farmers, the land is the most important means of production. For workers, the land is the work space that would not be replaced. And for inhabitants, the land is the indispensable existing space. While our country has a large of people and little of land, and the average per person land possessive amount are few, and the contradiction between land and person is showing obviously. There are the basic conditions of China. So "cherishing the land extremely, using every inch of land rationally, and protecting the arable land effectively" is the basic state policy of our country.In recent years, illegal land behaviors become more and more seriously, and the illegal land behaviors of the local government stay at a high level in the illegal land cases, which caused a serious waste of land resources, especially arable land. Therefore, researching the characteristics and performances of the illegal land behaviors of the local government, exploring the reasons which caused the illegal land behaviors of the local government, seeking the countermeasure to restraint the illegal land behaviors of the local government, are very significant for regulating the local government’s illegal land behaviors, protecting the arable land, proposing to use the land economically, and for realizing economical, intensive and sustainable land use.This paper is divided into five chapters to study on the illegal land behaviors of the local government, in which the chapter one and six are the introduction part and the conclusion part respectively, the chapter two, chapter three and chapter four are the main body of this paper. The specific details are as follows:the first part mainly discussed the research background, literature review, research content and significance of the topic, as well as the general situation of our country’s land resource and the illegal trend of local government in land using order of our country. The second part mainly introduced the concepts, characteristics and forms of illegal land behaviors of the local government. The illegal behaviors of the local government of our country have lots of characteristics, like using the land authoritatively, making inroads on the farmer seriously, behaving latent, to be administered difficultly, and the way that find the illegal behavior special. There have lots of forms of the illegal land behavior of the local government too, like approval of the land violate the law, rent to cover requisition, draw a circle on the ground and occupy or idle land, establish or expanse development zones illegally, illegal transfer or low-cost sale land, invade or divert the land acquisition compensation, supply land illegally, acquiesce or condone illegal land behavior, land supervision dereliction of duty of even resort to deceit, and issue certificates illegally etc. In the third part, the paper analyzed the reasons that caused the illegal behaviors of the local government, such as legal loophole, the non-scientific achievements appraisal system and the wrong view, the economic interests’ influence, the vulnerabilities of the land management system, and administrative power judicial interference and so on. There are also analyzed the harm of the illegal behavior of the local government, such as, the legal belief and system are lost, the government credibility is reduced, investigation and prosecution on the illegal land behavior become more and more difficult, it invade the rights of the farmers and affect the social harmony and stability, the construction of a clean government and the land use order are destroyed, and it would be threatening the food supply, etc. The fourth part put forward the countermeasures which could manage the illegal land behavior of the local government form the improvement of legislation, system reform, change idea and function, improve the justice, strengthening propaganda and education and so on. The fifth part has made a reductive summing up to this paper, and proposed some deficiencies, and want to be able to be remedied in future work and learning.