Legal Analysis On Governmen’s Land Management

The government in the modern society should only play the role of a public welfare "night watchman", and should not become the subject of land operation.However, due to historical reasons in China, the government land operation is an objective existence, unavoidable fact, and played a positive role in the process of urbanization in our country land marketization once.Nowadays, with the deepening of China’s reform and opening up, the change of government functions, the disadvantages of government land operation is increasingly outstanding.It cause widespread social attention.So the construction of the role of government in land management is very urgent.At first, this paper adopted literature retrieval method through the direction of the related academic papers and journals in recent years,and the information of theory make a solid foundation for this article’s preliminary framework. Secondly, this paper analyses the defects that exist in the government’s management of land policy. Finally, put forward the perfect idea to solve the problem of our country land policy through the contrast analysis.This paper will be divided into three parts:The first part is an overview of government land policy. Firstly, introduce the meaning of government land operation, and then discusses the legal basis of the formation of the our country government management of land, finally, combed the development and evolution of the land system of our country.In the second part, first of all to define the legal relationship of the our country government management of land, including three stages.In every link of government shall bear legal responsibility and legal obligation.And then put forward three aspects of problems in land system of our country government management:first,the public interest problem, second-, due process issues,third, land expropriation compensation.The third part mainly state the regulation of the country’ land operation. First,reference the experience of the foreign government land operation. Then regulate the government behavior of land operation from the role its play in land management. The innovation of this paper is analyze the government behavior of land operation from legal relationships.Clear the subject, object and content in the process of the government land operation. Analysis of the disadvantages of our country pattern existing in government land operation through established the rights and obligations between the related subjects and draw lessons from foreign government.Finally, explore a land reform path accords with the practice of China’s national conditions.he government.