Research The Countermeasures Of Internailly Illegal Activities On Collective Land

Looking back, the land problem has been the most concern from the rulers to theplebeian inhabitants. Quality of solving the problem determines the history direction. Stillnested peep at present, the land includes the inherently survival logic of farmers, what is more,it becomes the focus of guaranteeing national food safety and maintains the good ecologicalenvironment in rural areas in order to promote the sustainable development of the new ruralconstruction of key point. Looking to the future, carried by the land problem determines theland resources and economic benefit, social benefit and ecological benefit can be harmoniousand unified, the concept of ecological civilization and the sustainable development conceptcan implementation. Land property rights under the background of detached form, separationof ownership of the state and the collective is with the use right separation of collectives andfarmers. Countries all initial consideration of factors defined property rights aim to thenational management and control of land. Administrative subject is usually illegal main body,along with the expansion of executive power to the spread of the collective land. Because ofstrict land use system and the laws and regulations presupposed, administrative subject landillegal behavior effectively controlled. But with new rural construction and development ofmodern agriculture, the collective land illegal inside, namely, the village committee andvillagers personal behavior of illegal use of land presents a trend of gradually expanding. Thispaper keeping up with the new situation of land use solves the collective land illegal inside,from the main body, behaviors, exploring the reason and countermeasure and so on.This thesis takes the specification and the empirical analysis method, comparativeanalysis, the methods of literature research. The article is divided into five parts and briefdescription of each part contents are follows: The first part is introduction, including theselected topic background, purpose and significance, review research topic selection basis, thedomestic and foreign literature, the research content and methods and research ideas andinnovations. The second part is about the legal basic of collective land illegal use, includingrelated concepts and laws and regulations. The third part aim to the collective land illegal usepresent situation analysis, including the status quo, the types of illegal acts, and thecharacteristics of the illegal acts. The fourth part discusses the cause of the collective landillegal use, including land property right allocation efficiency is low, land property rights of value-added channel impeded, the defects of the land law enforcement mechanism, collectiveland resources means of relief, cohesive mechanisms not been established, and insufficientendogenous power system of the protection of land resources. Fifth part is the collective landillegal use of regulation, including improving the efficiency of land property rightsconfiguration, the innovation of land property right system, improving the land lawenforcement mechanism, exploring dominated by community resource management modeland ecological civilization cultivated under the perspective of land resources protectionconsciousness cultivation.Article does not follow the outside the main body of collective land illegal, whichrepresented by administrative subject of administrative power research trend of spreading tothe collective land, but research the more concealed inside the collective land subject.Thinking the acts of collective land owners or users are strong concealment, and theinvestigation is difficult, what is more, for the practical logic of the vulnerable groups illegalsympathized should be corrected. In the paper, through interpreting the property right theoryand transaction cost theory, from the view of property rights, the author puts forward thetheory of land property rights two levels. More and more collective land illegal behaviorreflects that in our country collective land property rights is not clear, so improving theefficiency of property right configuration and innovating the land property right system arenecessary. This paper also puts forward the system marginal theory, mainly to solve illegalmain body itself of diversified mechanism because of the constraints of the legal systemmechanism of specific regional of problem. In addition, article found illegal and destructionof land resources was lack of the land user legal consciousness and the ecological civilizationidea. Institution Inducing and Ecology Driving give, playing the superiority of their systemand mutual encouragement, strengthening the land resources protection of endogenousimpetus to fundamentally, will eliminate the occurrence of illegal acts.