Study On The Problem Of Improper Administrative Punishment For Changing The Use Of Land Without Authorization

With the development of the economy and society,the land value is more and more important.The most basic factor of land value is the land use.In order to gain high profits,change of the land use are emerging in an endless stream,which increasingly challenges the system of land use change in China. However,when the relevant departments investigate the illegal act,they often encounter with improper facts and improper application of administrative penalties law,which not only decreases the seriousness of law,but also leads the illegal act-related warnings ineffective.From the perspective of legal principle,the author explains the meaning of improper application of administrative penalties on unauthorised change of the land use,which is different from illegal administrative and legal administration. Based on case study, the author gathers and sorts out problems with improper application of administrative penalties on unauthorised change of the land use,and then analyzes the reason for these problems from three aspects:legislation,justice and enforcement.In the end,the author proposes measures such as perfection of the system legislation,introducing judicialrelief,enhancing the level of law enforcement and strengthening control mechanism to solve these problems and then to improve the system of land use change in China,to prevent illegal act of unauthorised change of the land use and to promote the rational development and utilization of land.