从行政复议及诉讼视角看国土资源管理法律风险及其管控

Re-examination of Legal Risks and Control of Land and Resource Management from the Perspective of Administrative Reconsideration and Proceedings

十八届四中全会的胜利闭幕,标志着我国法治建设的历史性跨越。随着改革开放和法治建设的不断推进,依法治国、依法行政的观念逐渐深入人心,国土资源管理也加快进入法治轨道。目前国土资源行政复议和诉讼情况表明,国土资源管理中的法律风险正日益增大,其中既有国土资源制度建设和行政管理理念的内部原因,也有法治建设推进和行政法律修改的外部原因。面对日益增大的法律风险,我们应高度重视,积极主动应对,将其控制在可控范围内,从源头上管控,防患于未然。

The successful closure of the Fourth Plenary Session of the Eighteenth Central Committee indicates that China＇s legal construction has made a big step forward. With the continuous acceleration of the reform, opening up and legal construction, the ideas of running the country by law and administration by law have continuously prevailed among the people, and land and resource management is also quickening the pace to enter the legal track. But the current situation of administrative reconsideration and proceedings of land and resources manifests that the legal risks in land and resource management have been increasing, which is caused by both internal cause of institutional development and land and resource administrative idea and the external cause of the advance of legal construction and the amendment of administrative law. We should pay high attention to and control. actively respond to the increasing legal risks and bring them under control.