The Exertion Of National Land Ownership

After the confiscation of the bureaucratic capital and the house property of counterrevolutionist, the renovation of privately owned house, as well as the announcement and take-over by the revolution committee, the majority of the city land in China has been transformed into state-owned land. However, all the previous Constitutions in China haven’t covered the landownership, which was firstly clarified by the 1982 living constitution. Affected by the mental set of planned economy, the the revised Constitution has made clear that the city land is state owned, based on the requirements of the Construction of the city holding that the city land has been considered state-owned throughout history. Later, Land Management Law states that the land in urban districts is state-owned, which conforms to the development direction of ownership of land resources, but still has some serious faults resulting in so many shortcomings because of the inadequate preperation, the improper legislative purpose, the large amount of legislative loan, especially the executive system without the right stated.in which, the previous privately owned land ownership has been directly determined as land ownership, the system of the use right of land and that of the land allocation has been established, the paid land use and the recovery system of land use right have been formed which focus on land transfer with the supplementary means of land rent, pricing contribution and land authoritive operation. The executive system of the right of the national land ownership in effect has been estabolished from the aspects of object classification, executive subject and executive rules. The National People’s Congress and the Standing Committee of the National People’s Congress, the State Council and the local governments as well as the administrative management departments of land have been involved in the execution of the right of land ownership.The execution system on the national land ownership in effect in China which waestablished adhering to the system of the execution of administrative power is seriouslylagged, unsystematic and imcompletely. Generally, the shortcomings are as follows: thadministrative management right has not been well distinguished from the land ownership interm of the set-up of power, the executive rules have not completely embody the legarequirements, that is the state-owned is the whole-people-owned, the execution effect hasn’reached the effect of the fact that the people can share what the country possesses, there is noeffective supervisory measures from the state for the execution of land ownership regulationof local governments, which lavishly depend on the local finance, and the system on the landtransfer and income and expense has not been executed strictly.The land nationalization is the means and measure to equalize landownership and kill off land exploit, so the execution of the ownership of the national land should be publically faced. The relavant systems in Construction have propesed principled requirements on state property, and sticking to the publical facing of the execution of the ownership of the national land is the need to carry out and execute Constitution. The national land ownership is of the functions of politics, economy, culture, society and ecology, and to execute the right of national land ownership, we need to balance these functions instead of boundless enlargement. Based on the value of land nationalization and the constitutional requirements, the execution of the national land ownership should gaurantee the ecological benefits of ecologic land, make sure that the land of construction for public good can be effectively used and realize the economic benefits of operational construction land.Therefore, it is quite necessary to construct such for powers for the the national land ownership as the set-up, use, income and recovery with Chinese characteristics conforming to the national situation. The fact that the land is publicly owned is the common choice by major mature market economy states and regions, the objects of state-owned land, the execution subjects, the execution means and rules of each state are quite clear, which is of high legalization. The system perception of public trust, the legislation of the special law on the land execution, proper management means and profit earning means and the effective management organization have made sure that the publicly owned land has realized the purpose of public use, which is an important means for the government to regulate the land market and increase the public finace, and has provided some beneficial lessons for constructing the executive systmens on the state-owned land ownership.The operating mechanism of the land planning right guided by the market in China hasn’t been established, and the demarcation line of the land ownership squeezed by the land plannin g right is unclear. It is necessary to establish the bord of exercising the land plannig right base d on clarifying the contents of land ownership and adopt more flexible ways to exercise the ri ght within the self–ruled area of land ownership.While, in the establishment of the systems on the paid land use, there are so many shortcomings, resulting in many faults in the executive effects, for example, the land allocation is reagreded equal to construction land for public good, and the transferred land is equal to operational construction land. So we should reclassify the objects of the ownership of the national land based on the fact that the classification method of the selling and transferring of the state-owned land should be changed, and the classification of the construction land for public good and operational construction land should be restored.We should change the exercise model of the “centralized representation and grading exercise” of the national land ownership into that of “centralzied own and grading representation”, establish the exercise subject systems on the ownership of the national land with the cooperation of multi-organization and multi-leval with Chinese characteristics. The land use for public good has many social service functions, and the administrative department of land in charge has the nature advantage for the exercise of ownership, it should set special orgnizations in charge of exercising the ownership of land for public good. In order to embody the fact that the city governments are the main exersiers of the city construction, the city government, according to the perception that the money is from people and should be used for people, should mainly exercise the right of the ownership of operational construction land, based on the fact that much finacial power is needed for the construction of the urban infrastructure and the development of the new regions in cities. Referring to the reforming thread of system of tax distribution, according to the principle of the match of financial power and and responsibilities by central and local governments, the central government, provinces, cities and counties exercise the ownership of operational construction land, respectively representing our state, which can specifically authorize the operational companies of real estate properities to assume it.We should reform the existing organization of the city land preservation, restore the ture color of the operational construction land in operational cities, analyze the national role in the national land onwership relationship, clarify the difference between the social manager and the subject of the land ownership that the state works as, and prevent the two roles from being confused.According to the respective exerciese system on the land for public good and operational construction land, based on the law, the administrative regulations and the relavent decisions made by NPC and its Standing Committee and the State Council. The administrative department of land in charge is in charge of transferring and managing the construction land for public, guaranteeing the effect, intensivism and effectively utilization so that ensure the unban residents share the welfare from the land for public good and realize the functions of politics, economy, culture, society and ecology.The exercise orginzation of the four grading operational construction land operates land by selling, renting, trusting, shareholding, interchanging and preservation, increasing the economic benefits of operational construction land, and indirectly serve the the urban residents’ s livlihold by increasing financial power of the city governments. According to the four power frame of the set, utilization, income and the recovery of land ownership, the condition, procedure for the rules of which should be established, the supervision system on the two kinds of land ownership should be respectivley established, the administrative supervision and social supervision must be fully assumed so as to ensure the exercise of the national land ownership return to the ture color of the system design. The thesis is to study and make a state-owned land law which if of integrity and operation and advancement so as to realize the legalization, reluation, rationalzation of the government’s activity in the national land ownership, which can provide reference for the future legislation.