Research On The Credit System In The Land Auction

The assignment of state-owned construction land use right through bid invitation, auction and quotation is the administrative management activity of developing, utilizing and managing the state-owned construction land. With the government credibility as the research angle of view, this paper analyzes the main problem of the government credit system and countermeasures in the land for bid invitation, auction and quotation, and try to perfect government credit system to tackle the government credibility problem. Firstly, this paper illustrates related concepts of this study. From the perspective of law,the government credit system refers to a sum total of legal norms about the constraints of executing. The main job of government is to "open land information" and "justly implement the assignment activity of land use right". In order to restrain the government over two duties, this paper talks about the government information disclosure system and supervision system of government credit.Then, this paper analyzes the main problem of credit system in the land for bid invitation, auction and quotation. From the two aspects of the government information disclosure system and supervision system of government credit, the problems are analyzed in detail. In terms of the government information disclosure system, its problems mainly refer to the imperfection in relief program. According to The Regulations of the People's Republic of China on the Disclosure of Government Information, the relief ways of government information disclosure contain administrative reconsideration and administrative litigation.Therefore, the government information disclosure relief procedures imperfection main shows as follows:Firstly, there is a lack of mechanism in the administrative reconsideration independence; Secondly, the administrative litigation judgment model is not reasonable; Thirdly, there is a lack of administrative review and administrative litigation cohesion. In terms of government credit supervision system, the problem of weakness in supervision still exists. In the current system of administrative supervision, NPC inquiry and administrative supervision is one of the few active supervision ways that directly and effectively supervise local government and land department. However, due to the imperfection in system stipulation, their supervision effects become weaker to a great extent.Finally, this paper aims at putting forward suggestions to solve the problems discussed in the second part one by one. In view of the imperfection of the government information disclosure relief procedure, this paper is to put forward the corresponding perfect countermeasures from three aspects such as "to establish information disclosure review committee", "to build the government information disclosure lawsuit trial mode", and "to build system of administrative reconsideration lead". In terms of the weak supervision of government credit problems, this paper not only puts forward amendments on system itself, but also puts forward the improvement suggestions in object that affect the implementation of system. Through making the government credit supervision system more perfect, it urge the government faithfully carry out the duties specified in the legal obligation, to solve the problem of false assignment of land use right.