Study On Legal Responsibility Of Rural Land Consolidation In China

Rural land consolidation refers to the activity which enhances the efficiency of land use and improves the conditions of agricultural production and protects the rural ecological environment by taking a series of measures such as administrative,legal,economic and engineering technologies in a certain area,according to the requirements of the overall land consolidation plan.The objective of rural land consolidation is to elevate the efficiency and output rate of land,improve the conditions of agricultural production as well as protect the rural ecological environment.However,there are still many problems in the actual planning and implementing rural land consolidation.Moreover,the rights of administrative organs are improperly exercised.The illegal behavior of the undertaking unit,the villagers'collective as well as the individual violations of rural land consolidation planning hinders the implementation of rural land consolidation,so we need to take appropriate legal measures.The study on the legal responsibility of rural land consolidation can enrich the research on the legal liability of rural land consolidation in China from the system level.Furthermore,it can also become the normative guideline of rural land consolidation activities in practical use.Rural land consolidation legal liability refers to the responsibility of the administrative body,the legal body,and the villagers' collective as well as the individuals who are involved in the rural land consolidation in violating the related land consolidation law.In conducting rural land consolidation,there are many problems in realizing the legal liability.Nowadays,the legal system of rural land consolidation in our country is not perfect,and using legislative language is not standardized and the definition of the content is unclear.With regard to the legal responsibility,the principle of confusion,the main body of responsibility,the wrongdoings as well as the infringement of legal interests are not clear,lacking farmers to take part in the mechanism.Moreover,the specific application of the standard is not clear,and a large number of procedures are relatively small for recovery and relief channels.It enacted the principle of legal liability,which is the basis for determining the specific form and content of the responsibility of the responsible party.Because the comprehensive,social and economic nature of the rural land consolidation,it should be used for different subjects in principle according to the principle of proper responsibility.In the present article,we can apply the principle of the balance of responsibility raised by Professor Chen Wanling as the main principle of the legal responsibility of rural land consolidation.Under the specific identification,the principle of "result responsibility" should be adopted for the administrative subject.In terms of the legal entity,the villagers' collective and the individual based on the seriousness of the infringement of legal interests,which should take the main secondary role of the main behavior into account.Moreover,using the principle of fairness appropriately can guarantee the ultimate realizing the value of rural land consolidation purposes.To perfect the legal system of rural land consolidation,we should start from three aspects,first of all,to establish and improve the existing rural land consolidation legal liability system.In the process of the constructing the land sector law system in our country,we establish the legal system of the village land consolidation from the top to the bottom,and determine the regulatory system,clarify the constituent elements of the legal responsibility of the rural land consolidation,and establish the legal liability chapter.Secondly,from the legislative point of perspective,we should overcome the rural land consolidation legal liability legislation.The degree of standardization of legislative language directly influence the realization of the effectiveness of legal norms,standardized legislative language lies in the accurate expression of legislative intent,which can ensure fairness of law enforcement and judicial justice.Thirdly,we must clarify the rural land consolidation legal form and content.With regard to the differences in the legal norms of the responsibility subject in the rural land consolidation,it should be subject to the corresponding administrative legal liability,civil legal liability or criminal legal liability.In the behavior of the main body should bear the legal responsibility to correctly determine their wrongdoing,infringement of the type of legal interests,in accordance with the corresponding legal norms with appropriate responsibility.For example,in the case of criminal sanctions against the main body of responsibility in the rural land consolidation,it can be compared with the related regulations on violating the environmental protection of the people in the criminal law to implement the measures.