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Research on Land Law Systems
 
 Author:Jiang Hong  
From:unirule  Clicks:



The frequent occurrence of local governments encroaching on land of farms at low prices has now pushed Chinese society to the brink of social unrest. The causes not only lie in local governments’ fiscal problems but also, or more importantly, in the major defects existing in China’s current legal system regarding land issues. One of the major problems is that China has not formulated any basic land laws except for the Land Administration Law which in nature is rather similar to regulations made by an administrative department. Aimed at pursuing benefits or convenience for administrative departments, the Land Administration Law has lots of problems. Moreover, the most recent Amendment Draft of the Land Administration Law proposed by the Ministry of Land and Resources actually further strengthened power of land administration departments and other administrative organizations and further reduced land rights of rural collectives and farmers.

Due to the drawbacks of “department legislation” and weak points of the People's Congress caused by China’s constitutional defects, a fair land law draft should be proposed by a neutral social organization rather than an administrative department. Since the Unirule is qualified for this mission both in terms of motives and capacity, we launch this research aiming to provide a reference scheme of China’s land law system so as to fundamentally solve China’s land problems.





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