The purpose of this paper is to optimize the legal rules for identification and disposal of idle land,to promote the normative solution to the difficulties in identification and disposal of idle land.The research methods include case analysis and normative analysis.The results show that legal rules optimization for identification and disposal of idle land is a common requirement for the intensive land use,the unification of legal system for idle land and the practice of idle land management.The carelessness of the identification regulations and the inappropriate disposal regulations are the main deficiencies of the legal regulations on the identification and disposal of idle land.The optimization path of the legal rules for identification and disposal of idle land is as follows.First,it is necessary to eliminate the carelessness of identification regulations by discerning the key concepts of identification criteria,clarifying the land units of identification criteria,and improving the categorization structure of identification criteria.Second,it is necessary to eliminate the misconduct of disposal regulations by designing the bottom-up rule of negotiated disposal and promoting the equivalence of penalties and in administrative disposal.In conclusion,the legal rules optimization for identification and disposal of idle land should aim at promoting the intensive land use based on science,fairness,integrity and accessibility,combined with the experience of local legislators,to improve the identification criteria and disposal methods of idle land.
关键词
闲置土地/节约集约用地/无偿收回/耕地保护
Key words
idle land/intensive land use/free withdrawal/cultivated land protection
维普
万方数据