| At present,the right of rural land is an important reform of the national economy and the people's livelihood.It is an important measure to promote the"thre-power separation" of the national land.The right of rural land should be determined according to the laws and regulations and policies,and the right of ownership,right of use,possession and subordination of the land should be confirmed.Parts in zhejiang province in this paper,through the advanced pilot experience and the practice of domestic land approval,reveals the land counterpoising truly exist in the process of legal issues,such as:land approval subject legal problem,imperfect rural collective land and power,and counterpoising truly unknown land property ownership of rural land,rural land approval,and inadequate protection of the law "separation division",etc.In the same way,there are many practical reasons for the right of land confirmation,mainly manifested in:first,the legislation and enforcement guarantee mechanism is not perfect;Second,some grassroots government agencies have not implemented their responsibilities;Third,the land geology in different parts of the country is different and the quality difference is large.In the world,there have been several empirical mode,mainly include:full market model represented by America,represented by the Cuban non-market.mode,represented by the British model under state control.These patterns,for China's current land counterpoising truly have important enlightenment,mainly made specific to strengthen land legislation of advancing with The Times,strengthen the law enforcement land approval,optimize land made by judicial safeguard and so on.To this end,the author believes that only through summarizing the domestic and foreign advanced practice and experience,combined with China's national conditions,to pilot,strengthening land made by legislation,law enforcement and judicial safeguard,to resolve land counterpoising truly exist in the process of promoting legal problems. |
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