Investigation And Research On The Hainan Paid Reclamation Coastal Zone Idle Land

Based on to the coastal zone the protection,Hainan Province has developed the coastal zone protection development special inspection motion,carries on to Hainan Province's idle land cleans up handling comprehensively,obtaining the good result.But the Hainan paid reclamation sea-related coastal zone idle land administrative proceedings case from 2016 along with the coastal zone improvement advancement also gradually to appear.The Hainan paid reclamation coastal zone idle land fully suffered the dispute and hindered the coastal zone improvement advancement.Unifying the Hainan paid reclamation coastal zone idle land administration to reconsider with the lawsuit cases,the case dispute focal problem recognizes the aspect in the fact,the related government the coastline revision survey achievement which announces by Hainan Provincial government took is involved in a case the land whether is in the coastal zone 200 meter pilot wire scopes to take the basis,but the adrministrative relative person persisted judges by the current actual coastline as the datum.Related government through before signs "Subsidiary agreement" in violation of the provisions of the government at a higher level to deny that not the government's reason causes the land idle,but the administrative relative person thought is because the correlation government has not fulfilled the duty which "Subsidiary agreement" agrees to create the land idle objective situation.In receives the procedure aspect,exists by is connected the government the main body which makes by its land department responsible for the work achievement receives decided,but the administrative relative person asserted makes the main body which receives decided to have for the county level above people's government.The related government before thought in makes receives decides,already passed through the consultative procedure,but the administrative relative person believed,the related government by no means finally consults the handling plan with the administrative relative person.In suitable the aspect of the law,the governmental agency in makes receives decided when all is rests on "Idle Land Handling Means" the 12th stipulation,but the administrative relative person thought has no right the unilaterally decision reclamation according to this stipulation correlation government to be involved in a case the land.The related government determined the compensation standard is rests on "About Further Completes Idle Land Handling Work Notice" third,the administrative relative person thought this compensation standard excessively low,cannot defer to the above stipulation the cost price to compensate.Creates the fact to recognize the mistake,suitable the law not to be correct,receives the procedure illegal reason is the higher authority government exerts pressure,subordinate government blind obedience;Surveyed the technology to be limited in the past,becomes the chart precision to be insufficient;The government person in charge government by law idea is light,only the administrative authority is supreme;The local populace universal culture accomplishment is not high,legal consciousness is light.For the standard paid reclamation coastal zone idle land,suggested that,In the coastal zone idle land fact recognized the aspect must carry out the government information public rule strictly,announces the new coastal zone revision survey achievement,because must grasp the government reason to cause the land idle severely recognizing.In the procedure aspect,must carry out the related paid reclamation idle land strictly the consultative procedure,must take the city county government as the main body decide receives,persisted receives decided must pass through the testacy proceedings,must observe "the judicature seals up cannot handle" the stipulation.Is suitable the aspect in the law,suggested 58th conditional as receives the basis take "Land Control law" which decided,the compensation sthndard suggested according to the market appraised the price determined,and,must strengthen the government and the court communication,promotes the referee standard unification,strengthens the court to promote legally the administration to government's service training.Simultaneously must strengthen the law elementary education and the propaganda,promotes populace's legal accomplishment.