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Study On Legal Liability Legislation Of Land Consolidation In China

Posted on:2016-11-02Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q MaFull Text:PDF
GTID:2296330461967719Subject:Civil and Commercial Law
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Land consolidation can improve land utilization and output, agricultural production conditions and ecological environment. The study of land consolidation legal liability can broaden the research category of land consolidation and legal liability, and also can provide a necessary specification guideline for the land consolidation activities in our country.Land consolidation legal responsibility is made up of "land consolidation" and "legal liability" two parts. Study land consolidation legal liability legislation, first of all, we must analyze the concepts of "land consolidation" and "legal liability", integratethe concepts of "land consolidation" and "legal liability", clarify the type of the land consolidation legal liability. Secondly, based on norm analysis method to investigate legal liability legislation of land consolidation in our country and analyze problems of it. Finally, explore the perfection of land consolidation legal liability legislation in China. The analysis for problems and perfections of legal liability legislation of land consolidation can from three aspects:legislative value, legislative system and legislative content.In terms of legislative value, the legislative value of the land consolidation legal responsibility legislation is specific but lack of the article to implement it, which refers to short of the ecological protection articles and the liability form in the acceptance stage is inappropriate. We can clarify the supervising subject of ecological protection responsibility, detail ecological protection obligation, and establish a reasonable idea of set the liability form in order to achieve the value of the land consolidation.In terms of legislative system, the legislative system reflects the policy but lack of normative, which refers to the system of legislation, is not sound, expression of provision pattern unscientific and nonstandard legislative language use. We should strengthen the" hard law" and clean up the"soft law" to improve the legislative system, then achieve legal liability legislation of land consolidation in our country normative shift.In terms of legislative content, the legislation content is too fragmented to coordination, which refers to the legal responsibility subject is too narrow, provisions relating to illegal activities are not comprehensive, forms of liability are not coordination. We can clarify the responsibility subject, illegal activities, and forms of liability to improve liability mechanism, so as to realize legal liability of land consolidation legislation systematic.
Keywords/Search Tags:land consolidation, legal liability, legislative value, legislative system, legislative content
PDF Full Text Request
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