A Study On The Regulation Of Administrative Power In Rural Land Circulation In China

Rural land is the core of the “three rural issues”.Based on the characteristics of the land,the land transfer cannot be completely handed over by the market.In accordance with its functions,the state intervenes the circulation of rural land through the exercise of administrative power,but the expansion of administrative power requires that administrative power need to be regulated.Administrative power can be divided into legislative executive power,executive power and judicial administrative power.The main body of the paper is divided into five parts: First of all,introduces the research background and significance,then make a brief review over domestic and foreign research.Secondly,it is an overview of the rural land transfer,including the definition and connotation of the land transfer concept,analyzing of the background and development of rural land circulation,as well as legal characteristics and legal system.Thirdly,analyzing the administrative power of rural land circulation in China,including the operation mode of rural land,the classification of administrative power of rural land circulation and theoretical basis.Followed by summarizing the reasons for the existence of rural land circulation power-lack of procedural concept?administrative procedural responsibility and supervision.The next step is to sort out the United States,France and Japan for the rural land circulation administrative power regulation system which can be learned.Finally,combined with the jurisprudence,content of administrative law and the experience of other countries,we try to put forward suggestions for perfecting the regulation of rural land circulation administrative power.Including the improvement of public participation in administrative procedures,adhere to the principle of the legitimacy of administrative legislation,improve supervision mechanism,establish and improve the administrative procedures of legal liability and relief mechanisms.