Rural Land Disputes In The Administrative Power Monitoring

With the rapid development of economy and the reconstructurion of social system,aseries of rural policies have been promulgated and urbanization is under way. Under suchcircumstances, a number of farmers have come to reside in cities and become citizens, andsome collective lands have become state-owned. As a result, disputes over rural landownership have been increased. Administrative organs that have administrative powershave become the frequent subject of such disputes.According to the land system of our country, the approval for land use, landtransaction and contract, land acquisition and expropriation, homestead construction, howto plan the construction land, the disposition of land tort all have to do with administrativepower. When power is available, it is a common practice to abuse it. And because of thecomplexity of the land disputes,social, political, economic, and universality, expansionary,administrative organs of the unknown, accountability and division crossed the legalstandard holes, so in the land dispute case, and administrative power is easy to infringe therights of farmers’ land. As a farmers’ main party, dissatisfied with the executive authoritiesto act or not as prone to mass incidents, adverse impact on society, is not conducive to thebuilding of a harmonious society. So in the rural land disputes, administrative power mustbe monitored.This paper institutions can be divided into four chapters. First from the rural landdisputes in the background, some Suggestions on the rural land disputes the type,characteristics and the formation cause, and puts forward the necessity of administrativepower monitoring, monitoring the legal basis and monitoring program. For the rural landdisputes after in the present situation of administrative power out of control, and putsforward the control cause analysis, the out of control perfect to build the foundation. T hispaper is mainly in rural land disputes, put forward the administrative power by monitoring,the foothold or administrative power monitoring of, so the main body part is the second,third, and fourth chapter.The first chapter is the rural land disputes in the theory of administrative power monitoring. The second chapter is the rural land disputes of administrative right out ofcontrol of the status quo. Mainly from administrative power of the nature of itself, writeadministrative power, the qualitative change, abuse, beyond the absence, leading to thevery serious consequences. Administrative power out of control, easy to infringe upon thelegal rights of the farmer,causing the trust in government crisis, the waste of publicresources and trample the basic spirit of the legal system,that also reflects thatadministrative power in the rural land disputes in must be monitored. The third chapter isadministrative power of out of control of reason. The legislation, the terms of the landexpropriation unconstitutional, rural land property rights the incomplete, the contractingterm and fuzzy defined public interest, land administration law of the land requisitionprocedure is not reasonable. In law enforcement, administrative system and financialsystem, the house dismantlement disadvantages are functional dislocation, landexpropriation issue is not reasonable, badly roughed land circulation of public informationpublic and not in time. In the judicial, judicial ruling mechanism imperfect, the court andthe private land disputes of the trial, the court handling disputes difficult way not unified,administrative litigation difficult in the performance of the land disputes.The fourth chapter is the perfect administrative power monitoring. First is to establishthe rural land disputes in the basic principles of administrative power monitoring. Andthen write to administrative power monitoring, first from internal measures thatadministrative power of perfect self monitoring, the government of public affairs,administrative power authority for examination and approval of the cooperation, land andland license, perfect play the role of land examination system. Second from external to theadministrative power monitoring, clear the villagers subject qualification, and between thegovernment and farmers’ social intermediary mechanism, and the formation of thediversification of land dispute settlement mechanism, achieve litigation land disputes trialof administrative litigation of efficiency.A short, the author believes to reasonable processing of public power and therelationship between the private rights, the right to clarify the law and the administrativejurisdiction, the relation between the administrative power on the path of the program can effectively and standard play their due role, really maintaining good farmers’ land rightsand interests.