Study On The Legal Relationship Of Land Reclamation Supervision In The Perspective Of “Communities Of Practice”

Land reclamation plays an important role on protecting and supplementing cultivated land resources,ensuring food security and ecological security,and sticking to the red line of 1,800,000,000 mu cultivated land.Land reclamation supervision is the powerful measures of carrying out the most strict land protection system and land saving system.To clarify the legal relationship is an effective approach to clarifying land reclamation regulators,improving the laws and regulations of supervision,strengthening the regulatory means and completing the regulatory technical standards.It is conducive to promoting the legal regulation of land reclamation supervision from static to dynamic,and realizing the legal order of land reclamation supervision.Exploring the legal relationship of land reclamation can not only broaden the research category of legal relationship theory,but also provide a necessary normative guidance for the effective implementation of land reclamation supervision.In recent years,China's land reclamation supervision work has achieved some success,but there is still existing some problems such as the less division and cooperation of the main supervision,the unclear responsibility,the unclear responsibility of land reclamation supervision,the unclear reclamation obligations,the lack of developed management and law enforcement supervision system.It is a breakthrough to solving the plight of land reclamation supervision by exploring the land reclamation problem combing legal relationship theory.Under the guidance of communities of practice,the interpretation of legal relationship between land reclamation can break the bottleneck of traditional legal theory research and provide a more realistic and concrete way for scientific construction of land reclamation supervision and legal norms.Members in communities of practice formed a community with internal cognition and mutual understanding under the guidance of common goals and interests."'Multilevel participation' concept of communities of practice " interprets its members of the duties and rights by dividing the different participation levels."'Dynamic Balance' concept of communities of practice" promotes the development of the communities of practice by controlling the balance of internal factors.Communities of practice of land reclamation supervision can be constructed under the guidance of the communities of practice theory.The question of participation of land reclamation supervision communities of practice is solve by interpreting the composition of the legal relationship of land reclamation supervision under the guidance of "'Multilevel participation' concept of communities of practice ".The problem of the development of land reclamation supervision communities of practice is solve by interpreting the application of legal relationship of land reclamation supervision under the guidance of "'Dynamic Balance' concept of communities of practice".This paper uses value analysis and normative analysis method to study the legal relationship of land reclamation supervision.First,the value analysis method is mainly used in two aspects.On one hand,the value analysis method is based on the related literature of legal relationship.Deriving the concept and characteristics of the legal relationship of land reclamation supervision by list the theories of legal relationship.On the other hand,the value analysis method is based on the analysis of the value of theoretical literature communities of practice.The concept and content of land reclamation supervision subject of legal relationship,content of legal relationship and object of legal relationship are guided by "'Multilevel participation' concept of communities of practice " on the basis of analyzing the basic connotation of the concise communities of practice.Secondly,the method of normative analysis is mainly applied to the value,legislative integration and normative setting of legal relationship of land reclamation supervision under the guidance of "'Dynamic Balance' concept of communities of practice".This paper analyzes the value of legal relationship of land reclamation supervision from the perspective of balanced value.This paper analyzes the legislative integration of land reclamation supervision from the perspective of normative legal system.This paper analyzes normative setting of the legal relationship of land reclamation supervision from the content design of legal norm.