Citation:
Xiaojun CHEN. Outline of Reformation Moment and Optimizing Route for Land Management Legality in Time of Civil Law[J]. Academic Monthly, 2022, 54(3): 124-141.
Outline of Reformation Moment and Optimizing Route for Land Management Legality in Time of Civil Law
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Abstract
The present land management legality is facing with the ontological dilemma of “weak market”, “power centering” and “urban-rural deviation”, therefore, it is necessary yo reflect and solve it by “government-market” cooperation, mutual feedback of “rights-power”, and “urban-rural team-work for development”. In comparing and examining the two ways of land management legality reformation, the effective adjustment and instrumental function moment are to be applied to remedy “removing market” with the idea “subject autonomy”, to correct “power centering” with the idea of “rights as basic standard”, and to correct “urban-rural deviation” with “equality of legal status” according to Civil Law. When the land management legality meets the Civil Law, the basic principles should be abide by, such as “unity of private right and authority intervention”, “unity of property effect and life ensuring”, “unity of urban-rural team-work for development and controlling discrepancy”, and “unity of benefit increase and sustainable development”, etc. The basic idea of “policy-guiding, experimental-unit-in-advancing, and promoting-by-law” should be followed, and the effective methods of “abolishing, rectifying, establishing and explaining” of land management legality should be held. The rural collective land should be put in focus, and the kernel is to turn “power centering” to “rights centering”. Efforts should be made to give full play of achievement in reform in multiple ways, such as promoting the better policies of land management system in the time of Civil Law into the top plan of national land, unifying a continuous co-reform of “three lands”, emphasizing land renovation and cultivated land protection, and protection mechanism of land management legality as a basic measure.
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References
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