The characteristic with our the biggest country is with a vast territory, having the land area of kilometer of 9.6 million square, but many people can experience the ground certainly big but the land area that can use is short of very few. Old before the requirement that the country complies with economy to develop, supportive people land reclamation has production, the multinomial move that shows level reform adjusts centre of gravity slowly the general orientation that answered protective environment, to going in for sth in a large scale building, the practice that reclaims mountain forest had corresponding restriction, here many people also can appear vexed, the land that reclaims before oneself namely then the country asks free calls in now, the rationality of this kind of practice or meeting arouse not little controversy.
The who calculates ground that how explains who is reclaimed is law?
National earth is in charge of a law to had made relevant provision to this, the regulation points out the people is in the barren mountain to indicating use, forest land when undertaking agriculture manufactures an activity, the government that can look for place first seeks approval, the land can use these after the government agrees delimit deal out people is used for a long time. The individual allows in what obtain a government hind the tie that also should be set accordingly, appear to destroy zoology environment intentionally than consistent dawn, affecting the activity that other dweller lives normally is to should lose corresponding criminal responsibility to punish gold.
" land of People's Republic of China administers a law "
Thirtieth reclaims the land that did not use 9 times, must be proved through science and evaluate, inside the can reclaim area that uses overall planning delimit in land, via approving junior travel lawfully. Prohibit destroying forest, prairie to reclaim farmland, prohibit surrounding a lake to make cropland and land of beach of embezzlement Jiang He. Use overall planning according to land, reclaim to destroying zoology environment, the land of enclose tideland for cultivation, in a planned way has measure ground to retreat return n cultivated land forest, still herd, return a lake.
The 40th state-owned barren mountain that develops not certain access, moorland, desolate sands is engaged in cultivating course of study, forestry, stock raising, fishery to produce, government of people of above of classics county class is approved lawfully, can give development the unit certainly or the individual is used for a long time.
The byelaw asking for the ground that be good law sets
1, the information that shows place asks for the ground. Before undertaking the ground is examined and approve asking for, the land management department of seat wants the use way of a these land, place area, compensate charge, find a place for method sends the individual that receives the information that ask for the ground and organization through written form. After receiving written announcement, if these individuals and organization remain the same,go up in land forcibly grow crop, after this makes asking for the ground compensation will not offer when the activity.
2, the findings report that arranges place to ask for the ground. After releasing the information that collects the ground, what national land management department is met and solicit the liaison man of the ground, the branch such as forestry undertakes harmony investigating, specific place asks for the attribute of the ground, area, and crop breed classification is waited a moment, the result of these investigation needs to ask for the farmer of the ground through place, the accord of organization and person of relevant property right affirms.
3, constituent team imposes system of ground hearing of witnesses. Before be examined and approve to what asking for land newspaper to send, management board of national land natural resources ought to contact rural land holder and organization, the relevant compensation that informs its to undertake to collecting land and the right that find a place for method has application hearing of witnesses, if want hearing of witnesses should according to " hearing of witnesses of land natural resources sets " kind relevant flow and regulation undertake hearing of witnesses.
4, decide good compensation agreement. Land management department and place ask for the ground individual or the organization is reached with respect to compensation program consistent, sign relevant agreement jointly, and sign up for these material along with all the others when examine and approve send.
5, the relevant policy that when asking for the ground to grandfather cloth, makes. Reclaim lawfully in land branch after land, the relevant policy that when asking for the ground to grandfather cloth, makes and byelaw, among them eliminate involves national secret outside relevant information underground, the others should be announced to media public, the land management department that asks for the ground also should follow the regulation of the method that ask for the ground, in place ask forring the ground releases the matters concerned that ask for the ground, approve circumstance and content information.
6, pay compensation money. Compensation expenses and find a place for method ought to be in after getting local municipal is approved, place pays to sign ground farmer and constituent team in less than of relevant time limit. The land management department that finishs the place after paying to ask for the ground ought to be mixed agriculture, forestry, the unit such as civil administration undertakes cooperative, supervise those who find a place for arrange inflict reachs money to distribute a case, seasonable processing coordinates the issue of existence.
■ solicitor of professional authority of dimension of administrative law domain, the communication that provides administrative law knowledge regularly and share. ■ attention " Yang Zaiming tears open change lawyer " encountered the problem that tear open change to be able to undertake communication at any time with seek advice. ■ " Yang Zaiming's lawyer " Ceng Can and legislation, had held the position of legal classroom instructor, the visiting professor is met in law of act of lawyer of director of bright attorney office, China, abide by " it is dimension of person of the change that be torn open to counterpoise only " tenet.
