Administrative Law Analysis Of The Major Controversial Issues In Withdrawal Of The Village And Live Together

Withdrawal of the village and live together linked to changes in urban and rural "land "the context of the emergence of a new administrative initiatives, the pilot has been in over20provinces and cities nationwide,if the withdrawal of the village and live together can bepromoted reasonably and according to law, it will be a conducive administrative initiatives ofthe countries and peoples,and it will effectively alleviate the tension of the protection ofarable land in China with urban construction sites and industrial land conflicts, it not onlyachieved some success in some places,but also exposed the many problems of governmentadministration.Withdrawal of the village and live together related to the interests of thevillage collective and the villagers has been widespread concern,with some of the problems ofmedia exposure,the withdrawal of the village and live together causes more and more peopleconcern.Withdrawal of the village and live together is still in the pilot phase,a lot of places needto be perfected,many cause for controversial issues to be resolved,a lot of problems need to bediscussed from the perspective of administrative law.Only combination of theory andpractical together,administrative law theory can play a full part,this paper selects the form ofcase studies,through theoretical analysis problems existing in the case,to achieve the purposeof a guidance in the conduct of the event.Based on this thinking,expand this writing.This article is as Zhucheng an example in order to leads people to dispute the mainproblems in the withdrawal of the village and live together,and select a few important issuesto discuss,at the same time through the case analysis of the situation in the country andsummarize description of the withdrawal of the village and live together.Mainly related to thefollowing:in the administrative body aspects,mainly to explore the qualifications of the administrative body,the focus of discourse is on the subject qualification of the villagecommittee,for the role of villagers’ committees,from the practical and legal point of view toarrive at the conclusion of the village committee is an administrative body;In theadministrative law enforcement aspects,through the combination of administrative law theoryand withdrawal of the village and live together according to the law,acts of nature werediscussed,and obtained for local government,it is an executive order sexual behavior,for thepilot villagers are administrative guidance behavior,forced or disguised mandatoryadministrative behavior is incorrect;In the administrative rewards aspects,the implementationof incentive measures taken by the government in the real were analyzed,and reaches aconclusion the government can use administrative incentives to encourage it to implement theconclusions of it,but there are some inadequacies in the reward object and manner ofadministrative rewards;In the administrative procedures aspects,withdrawal of the village andlive together is still in the pilot phase,the implementation of the legally stipulated proceduresare basically the principle provisions;The implementation in accordance with the proceduresprescribed by law is basically a matter of principle the provisions,not in place of the specificprocedural requirements results in the need to exist in reality to improve the program,this textselects several civil rights-related programs in order to discusses the need for the perfectprogram and give some suggestions of improving the program.