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Research On The Impact Of Land Supervision System On Land Law Violations In China

Posted on:2013-03-22Degree:MasterType:Thesis
Country:ChinaCandidate:J W PengFull Text:PDF
GTID:2249330371488475Subject:Land Resource Management
Abstract/Summary:PDF Full Text Request
Land law violations are the outstanding problems of land use and management in China during the socio-economic transition period. While land law violations are difficult to be prohibited, local government becoming the main subject of illegal land use makes the situation of land law violations in China more severe. In order to containing land law violations, especially illegal land use of local government, China established and implemented the State Land Supervision System in2006. Study the impact of the implementation of land supervision on land law violations will have theoretical and practical significance for understanding the characteristics and evolutions of illegal land use, further improving the land supervision system and giving full play to land law violation containing effect of land supervision. Based on discussing the basic connotation of land supervision system and its influencing ways and process on land law violations, spatial and temporal characteristics of land law violations and its evolution trend were analyzed. The impact of land supervision on scale, space and structure of land law violations were further discussed with the help of econometric analysis method and spatial statistical analysis method, and land law violation containing effects of land supervision were evaluated. Finally, the land law violation containing policies based on land supervision were put forward. The main content of the research are as follows:(1) The connotation of land supervision system and its influencing mechanism on land law violations. Through comparing the related concepts including administrative supervision and land monitoring, and summarizing the relevant policy documents of land supervision system, the connotation of land supervision system was defined from the perspective of land supervision goal, subject, object, duty and power allocation. Then the influencing ways and process of land supervision on land law violations were discussed combining with the basic implementation content of the system. The paper suggests that the main purposes and functions of land supervision system are to detect, prevent and suppress land law violations; more attention are paid to prevent and correct illegal land use in advance rather than to investigate and discipline after the event; the land law violation containing effect of land supervision is achieved mainly through the working mechanism of detection, verification and correction of land supervision system.(2) The land law violation containing effect of land supervision on supervised areas. Theoretical indicators measuring the land law violation containing effect of land supervision were put forward. Practical indicators were selected to analyze law violation containing effect of different land supervision business and different land supervision scope using statistical analysis method and comparative analysis method. The results show that through the implementation of the core business including land regular supervision, land special supervision and land audit supervision, state land supervision agencies have achieved significant effects on containing the land law violations in supervised areas. From2008to2010,189150.50hm2of illegal land area were discovered,1157position paper were sent to the relevant provincial level government and provincial level land and resources administrative department. The land supervision agencies have supervised relevant local government to correct itself in6824cases of land law violations and to investigate24421cases. In the aspect of different land supervision business, the land law violation containing effects of land regular supervision and land special supervision were significantly better than that of land audit supervision; the land law violation detecting effect of land regular supervision was better than that of land special supervision. There are differences in the land law violation containing effect of different land supervision scope on supervised areas, which indicating that there are regional differences in the implementation effects of land supervision system.(3) The impact of land supervision on land law violation scale. Land area and cultivated land area involved in land law violations were used to represent land law violation scale. On the basis of identifying the factors influencing land law violation scale and its influencing mechanism, an econometric model indicating the relationship between land law violation scale and land supervision system was constructed. Panel data of provincial level was used to estimate fixed-effects model and questions of whether the implementation of land supervision is effective in decreasing land law violations was determined and the size of the effects were assessed. The analysis show that from1999to2009, land law violation cases have overall declined in China, yet land area and cultivated land area involved in land law violation have increased. The change of land law violation scale can be divided into two periods, including the year from1999to2006and from2006to2009. The estimation results of the model show that the implementation of land supervision system is significantly effective in decreasing land law violations. Land area involved in law violations discovered in the current year, cultivated land area involved in law violations discovered in the current year, land area involved in law violations occurring in the current year and cultivated land area involved in law violations occurring in the current year respectively decreased about19982.28hm2,10790.89hm2,9559.82hm2,4306.47hm2with a1%increment of land regular supervision coverage, while the effect of land special supervision on decreasing land law violation scale was not significant. Land area involved in law violations occurring in the current year decreased about17358.39hm2in2008-2009because of land regular supervision in effect, accounting for28.78%of actual land area involved in law violations occurring in this period. Cultivated land area involved in law violations occurring in the current year decreased about7819.54hm2in2008-2009because of land regular supervision in effect, accounting for30.43%of actual cultivated land area involved in law violations occurring in this period.(4) The impact of land supervision on land law violation space. The spatial agglomeration degree and spatial propagation speed of land area and cultivated land area involved in land law violations were used to represent land law violation space. Using global spatial autocorrelation statistic Moran’s/coefficient to measure the spatial agglomeration degree of land law violations and absolutely β convergent model of regional economy to calculate spatial propagation speed of land law violations, the impact of land supervision on spatial agglomeration degree and spatial propagation speed of land law violations were discussed. The analysis show that from1999to2009the spatial distribution of land law violations in China were relatively scattered as a whole and revealing the characteristic of periodical spatial similar agglomeration. There was significant positive spatial autocorrelation relationship among cultivated land law violations with marked spatial similar agglomeration in most years. It also shows significant spatial propagation trend in land law violations and the spatial distribution of land law violations has gradually spread from the eastern regions to the central and western regions. The implementation of land supervision system is effective in decreasing the spatial agglomeration trend of land law violations and breaking the spatial similar agglomeration pattern of land law violations, however, the spatial dispersion effect on land law violations of land supervision was still small. The implementation of land supervision system is effective in containing the spatial propagation trend of land law violations, but its impact was still small and had limited effect on containing the spatial propagation of land law violations.(5) The impact of land supervision on land law violation structure. The subject structure of land law violations and the type structure of land law violations were used to represent land law violation structure. Using statistical analysis method and Pearson correlation analysis method, the impact of land supervision on the subject structure and the type structure of land law violations were discussed. The results show that, from1999to2000in China, the subject of local governments and enterprises and institutions have occupied a large proportion in land law violations. The land area involved in local government’s law violations and its proportion has decreased, while that involved in enterprises’and individuals’law violations and their proportions have increased. Encroachment of land without approval occupied a highly large proportion in the land law violation type. The land area involved in illegal purchase, sale and transfer, damage of cultivated land, granting of land at a lower price and other land law violations and their proportions have decreased, while that involved in encroachment of land without approval and unlawful approval of land occupancy and their proportions have increased. The implementation of land supervision system is significantly effective in decreasing land law violations of local government and its proportion in the law violation subject structure. The land regular supervision is effective in decreasing the proportion of land area involved in illegal purchase, sale and transfer, damage of cultivated land and other land law violations and the proportion of cultivated land area involved in damage of cultivated land and other land law violations, however, land supervision has failed to achieve the containing effect on the land law violations of encroachment of land without approval.
Keywords/Search Tags:land law violations, land supervision, impact evaluation of land policy
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