An Empirical Study On Land Affirmation Behavior In Hainan Province

Since 2015,with the deepening of the land system reform,Hainan province,as one of the pilot provinces,has been actively completing the land confirmation and registration work.However,under the synergistic influence of the implementation of the case-filing registration system by the court,the number of land confirmation disputes has also increased day by day.The research and analysis on the types and causes of the lost cases of the administrative organs in hainan province in recent years in land right confirmation disputes will help to find ways to improve the work efficiency of the administrative organs,promote the pilot work of land system reform in Hainan,and effectively safeguard the vital interests of the masses.Therefore,the author sorted out the effective judgment documents of the losing cases of administrative organs in the third-level court of Hainan province in land right confirmation dispute from 2015 to 2019,analyzed the types of losing cases and the reasons for losing cases,and put forward Suggestions.This paper is divided into five chapters.The first chapter is the introduction,which briefly introduces the reasons and significance of studying the confirmation of rural land rights in Hainan province from the perspective of effective judgment documents.The second chapter mainly introduces the concept and standard requirements of land right confirmation behavior.The third chapter makes an empirical analysis of the basic situation and main types of illegal land right confirmation in Hainan province based on the data of administrative litigation cases from 2015 to 2019: unclear basis of facts,insufficient evidence,illegal or defective procedure,wrong application of law,exceeding the statutory power,and administrative omission,etc.Fourth chapter analysis of hainan land made illegal behavior of subjective factors and objective factors,work style of both the administrative organ is not solid,personnel quality is not high,the reason of business not skilled,also has not solved the problems left over by history,caused by hysteresis error of legal norms,the defects of the system of administrative policies,etc.The fifth chapter,aiming at the main factors of illegal land right confirmation in Hainan Province,puts forward the normative path of land right confirmation.First,we should cultivate the concept of procedure and maintain the fairness of procedure by using legal thinking.Second,improve relevant systems,standardize administrative behaviors and put an end to the phenomenon of "disorderly conduct";Third,strengthen prevention beforehand,do a good job of risk assessment,reduce the probability of illegal ACTS;Fourth,improve process supervision,strengthen administrative accountability,control key nodes,and learn from past mistakes to avoid future ones;Fifth,establish positive interaction,accept judicial supervision and give play to the guiding role of judicial organs.It is expected that this article will be beneficial to the development of the land right determination work of administrative organs in the future.