The Research On The Legal System Of Land Supply Participating In Macro-control

Land supply participating in macro-control is produced under the condition of our country public land-ownership. Land supply has gradually become the important means of government in regulating the real estate market when land supply participating in macro-control since 2003. Land supply participating in macro-control takes land use planning, land use plan and land price as the regulating instruments which is different from traditional regulating instruments, such as fiscal, monetary and industrial policies and has some traits including the identity of regulating instruments and regulating objects,the collaborative with the traditional regulating instruments and the diversity of social relationships and has made up for the shortfall in regulating of the real estate market effectively.The same as the macro-control, land supply participating in macro-control has to follow the rules of macro-control which is used to regulate the real estate market by government. However, it exists some problems in the operation process of the legal system of land supply participating in macro-control: first of all, land supply participating in macro-control is deviating from the goals of social public interests what is reflected through the fuzzy legal boundaries of the social public interests, the weakness of the cultivated land protection function and the deviation of the total amount and structure of land supply for affordable housing and ecology; secondly, it exits disagreement in the land supply interests orientation between the central government and the local government which is reflected through the macro-control power configuration between the central government and the local government, the dislocation of the land resources configuration and decentralization and the unreasonable of the land interests distribution mechanism; thirdly, The lack of program specification of land supply participating in macro-control, which is reflected through the widespread existence of information asymmetry and the low degree of the public participating in land use planning and land use plan decision making systems; the forth, the configuration of macro-control instruments which are used by governments is not conform to the proportionality principle. The macro-control instruments could not response to themarket’s requirements which is reflected through land use planning is lack of rigid constraints, land use plan is lack of the interests regulation system and the price of land is not normalized. These problems above has bad influence of the justice of decisionmaking of land supply participating in macro-control and the macro-control functions could not play well and the affection of macro-control is receded. Land supply participating in macro-control involves many subjects and areas and in this paper, the writer used politics, economics, management, sociology and other disciplinary analysis tools in which law is as the core to comb the domestic and foreign areas’ institutions of macro-control, land use regulations and the real estate regulation policy. The author found land supply which is used as a tool of macro-control regulation is related to land public-ownership form and on the premise of the system of public ownership of land in our country, the government has more system advantage in controlling the total amount and structure of land supply on the premise of land public-ownership form.It has outstanding local characteristics that using land supply as a tool of macro-control regulation and it well adapt to our currently special social situations. and supply participate in macro-control is such a new thing that all of the research on how to operate within the framework of macro-control legal system is still in the early stage and the scholars pay more attentions to the economic performance of land supply which has been regulating in macro-control and ignore the important roles of power-constraining, public targets protections in macro-control and requirements of legal processes in macro-control when land supply system runs.At present, China’s economic reform has entered the deep waters and land finance is faced with transformations in system. The legal specifications of land supply participating in macro-control system are transforming from administrative to rule-bylaw. Macro-control under the rule of law requires the government intervention of market proper and moderate and ensure of social public interests are as the standard and balance social interests and the configuration of the macro-control power between central government and local government reasonably and overcome the failure of government and implement the macro-control decisions fair and justice.Macro-control regulation under the rule of law requirements set up reasonable standards for macro-control act, because of this, the author construct the legal model ofland supply participating in macro-control from four aspects of macro-control targets,power-controlling, program of control and configuration of macro-control power to provide the macro-control regulation and the legitimacy of the standard: firstly, on the control targets, the basic goal of macro-control is to realize the balance of the social total supply and total demand and to guarantee the supply of public goods,public interests and on the foundation of these, the core goal of land supply participating in macro-control is social public interests-protecting. We have to keep the real estate market steady development and protect arable land within the "red lines" amount and food security and also the basic right to live and ecological land protection; Secondly, based on reasonable configuration of the macro-control power, we have to guarantee the macro-control subjects legal and legally authorized by law and administrative rules. We have to guarantee the power to be configurated rationally and distribution of power reasonable;Thirdly, in the processes of land supply participating in macro-control the government should follow the specifications of legislation and and pay more attention to the public participation during land use planning-compiling in which the central government should listen to the local government, the public, the market and the interested parties and maintain the information flow and found information-disclosure system to prove government’s abilities of searching and handling informations in macro-control decisions-making; Fourth, based on the configuration of macro-control regulation tools,we have to improve the system of macro-control regulation tools which is ensured to be according to the proportion principle and ensure land use planning the core of all and reinforce the rigid binding affection and compile land use plan reasonably to strengthen the response of the land market and intensify the leverage affection of land price.The author investigates the representative countries and the area of land supply participating in macro-control and enumerates the United States, Japan, Germany, Britain,HongKong of China and other countries and areas legislation of macro-control and characteristic rules, such as land use planning systems in Germany, the land price publicity systems in Japan, the public participation in the United States and Britain, the land plan systems in Hong Kong of China. The author also analyze the various national and areas legislation and the system experiences to provide references for land supply participating in macro-control and macro-control legislation.The author put forward the legislative suggestions to improve relevant legal norms on the problems of land supply participating in macro-control system in present: Firstly,in the aspect of macro-control target, we should strengthen the social public goals to make the central government and local government get accordance with each other;Secondly, in the aspect of macro-control power, rational allocation of macro-control power and establish central government the status of policy-maker and legislator and authorize local government properly on legislation of land use planning and land use plan and others; Thirdly, in the aspect of macro-control processes, it is recommended that government founds information-publicity system to expedite information-searching and establish public participation of legislation as soon as possible during the decisionmaking of macro-control; Fourth, in the aspect of configuration of macro- control regulation tools, we could strengthen the land use planning and land use plan by enhance the status of land use planning and strictly monitor the total amount and structure of local government land supply through the improvements of land price and land price-publicity and make land price play a role of regulation affection on the real estate market.