城市規(guī)劃與房地產(chǎn)開發(fā)的關(guān)系淺議-資料下載頁(yè)
2025-08-03 02:07本頁(yè)面
【正文】 anagement Law (LML) makes a specific mitment to rural legal reform and the rule of law by expressly calling for land use rights to be protected by law, by mandating that contracts be issued to specify legal rights and obligations, by providing for dispute resolution mechanisms, and by calling for implementation monitoring and legal liabilities. Moreover，President Jiang Zemin39。s June 11, 1999, speech about rural development and the rule of lawdemonstrates a continuing central mitment to promoting the rule of law in China39。scountryside. Urging officials across China to promote the rule of law throughout the rural regions, President Jiang demanded that the drafting and implementation of laws regulating all of rural society be accelerated and that the policies and methods that show promise of being effective in rural reform be adopted into Clearly, China is making an increasing mitment to move from a rule of policy to the rule of law.Yet, despite these recent developments, the historical and continuing interaction between policy and law makes China’s laws and legal institutions less effective than they might otherwise be. For example, a June 18, 1999, CCP policy circular and Renmin Ribao article decried the ongoing conversion of China39。s farmland to nonagricultural uses and pointed out the need to use the rule of law (and specifically the Land Management Law) to enforce land management regulations. The circular says that the management of state affairs by use of law is the path to be followed by all levels of government.China39。s transition to the rule of law can move forward if the characteristics that make up the rule of law and the institutional environment within which the law can reign supreme are created and implemented. This effort will require that the central government continue to mandate specific changes and actions at all levels of government.This report discusses the most important characteristics of the rule of law and its relationship to policy in a general context. Section II pares and contrasts two methods of reaching economic, social, and political goals—law versus policy—and describes in detail the characteristics of law and policy, including the strengths and weaknesses of each. Section III discusses law and policy interactions in China, as well as how and why China has moved towards the rule of law. Section IV describes some of the things that China might do to achieve the rule of law, both generally and in terms of rural land relations. Section V provides a summary of remendations that might be pursued to further institute the rule of law in China and to create legal results that are more consistent with public desires and central government intent.
外語(yǔ)相關(guān)推薦
鄂ICP備17016276號(hào)-1