Research On The Legal System Of Market Allocation Of Construction Land Index

Resource allocation refers to the allocation or distribution of resources.It is the human in the specific natural conditions,according to the uses of scarce resources to make selection,arrangement and collocation.Resource allocation is based on the resources between the different main body uses the resource allocation state and process.Its essence is to form the interest relations through people's disposition of resource right.Resources allocation is including administrative allocation and market allocation.Administrative allocation refers to the government through administrative means,according to the development of social economy and resources endowment situation,provide land resources to land users.Market allocation refers to the principal part of land dispose the land resources through market mechanism.The target of construction land refers to the application and authority of the state in accordance with the law and obtains the scope of construction land through the collection of land.In addition to the legal attribute,the construction land index belongs to the property of the property of the right and has the usufructuary right.The property rights of public law are heavily weighted to state control by law and institutional design,which are dominated by strong laws.Private property focuses on autonomy of meaning and freedom of contract.Configuration of construction land index is the use of land resources planning adjustment,which administrative intervention land development intensity and capacity from the space level of construction to guide the construction land index transfer between regions.As forms of land development rights,reasonable allocation of construction land index is a matter of national economic development and land resource allocation of social benefit,economic benefit and ecological benefit.The construction land indicator configuration has the combination of administrative configuration and market configuration.The administrative configuration is the basic means of the indicator configuration and the market configuration is the auxiliary means of the indicator configuration.Market allocation is the reform direction and the goal of administrative configuration index,the function of which is an organic part of administrative allocation reform necessity.The two should be coordinated.In the initial configuration,the central government allocated construction land to local governments through administrative allocation.Thus between the central government and the local government establish the legal relation.Again configuration,the local governments sign a contract by way of equal consultation.The local governments form contract legal relations to realize the construction land index trading by the change of government administrative legal relationship to the market law.Influenced by traditional planned economic system,the administrative disposition of construction land index is in the crisis of legitimacy,embodied in: the construction land index administrative configuration mode ignores the spatial balance of the construction land index,the lack of public participation and identity,and even the exist the phenomenon of government power rent seeking.Under the influence of government multi-purpose and administrative authoritarianism,construction land index administrative configuration present strongly tendency to repressing the land market.At the practice level,construction land index administrative configuration has the obvious administrative colour,It is easy to produce the government failure of pursuing the economic interests of the local government,breaking the law to use land and the high cost of government system.Investigate its origin,it is related to the government centralization of construction land index,national public power one-way exercise,lack of process control and so on.Under the condition of market economy,the report of the 17 th national congress and CPC Central Committee notes in the "The decision of the Communist Party of China on major issues concerning comprehensively deepening the reform" that to achieve the effective allocation of land resources,we must to give full play to the decisive role of market allocation of resources.The practice has proved that construction land index administrative configuration mode has caused conflicts between social economic development and management of construction land index,unable to realize the right to use construction land index to the marginal output of high flow region.To realize the pareto improvement of construction land index,we are in urgent need of the marketization reform of the land resource allocation,implement administrative allocation and market allocation and maximum play a fundamental role.The basic objective of this study is to realize the convergence of administrative allocation of land use indicators and the legal system of market allocation,and to realize the fairness and efficiency of the allocation of construction land indicators.Configuration of construction land index involving multiple disciplines,this study combines the law,institutional economics,ekistics and other subject analyzing tools,research the legitimacy foundation of the construction land index market allocation and system building.Through the existing research literature review on allocation of construction land index found that legal science basic research on the allocation of construction land index is in a state of blank,most studies are from the perspective of land management and institutional economics to analysis the problems existing in the configuration of construction land index and put forward corresponding countermeasures.Compared to the representative countries and regional land development rights system,the research framework of our `legal circles `on the construction land index allocation is still not get rid of traditional administrative paradigm.As a new regulatory mechanism of resource distribution,market allocation of construction land index main structural adjustment through the market mechanism.Its aim is to guide the construction land resources supply and demand into equilibrium and realize macroeconomic regulation and total amount control of construction land index.Proportion principle theory,theory of land development rights,property rights theory,government failure theory,the land resource optimal allocation theory,the theory of planning provide legitimacy foundation and theoretical basis for the market allocation of construction land index.In the modern society ruled by law,the reform of the system of construction land index administrative configuration process is the administrative power waning.The society and market continues to reveal process.To improve the efficiency of land resources allocation,Zhejiang province and other places in our country is in practice to explore the construction land index trading innovation model,namely in the configuration of construction land index administrative and introducing market mechanism,its essence is to configuration of construction land index space,to realize the economic developed areas to expand economic development space for more construction land index,the index of construction land from the areas of lower marginal output off to high marginal output region,improve the efficiency of resource allocation and utilization of land.Construction land index market allocation model has function on the allocation of land resources efficiently and make full use of its advantages in land market and social subject,make up for the administrative allocation of construction land index information cost,opportunity cost,rent cost,social cost and system cost.By the United States,Britain,France and China's Taiwan region representative countries and regions,such as land development rights system investigation found that the representative countries and regions are allocating land resources through market mechanism,the formation of the general law of legal system of construction land index market allocation: the first is the private right configuration;the second is the allocation of land resources which adheres to the fair and efficiency goals;the third is through the contract negotiation form and the introduction of market mechanism;the fourth is to strengthen the government supervision function.The experience of comparative law can be used for reference to improve the legal system of land allocation index market in China.Construction land index market trading is land equivalent quota transactions in the secondary market,its function is to make trading rules,collect and release the market information,matching buyers and sellers of clinch a deal the price and quantity.Administrative configuration market-oriented reform of administrative allocation way of public law is not denied and given up,it is based on administrative configuration,introducing market mechanism to configure again we adopted construction land index.Construction land index configuration legitimacy market is to overcome the existing construction land index ills single public law mode,with the introduction of index to trade the market law,practice of private law configuration mode,realize the detailed planning of the urban flexiblization,pay administration theory and practice of modern administrative law system response.Construction land index market allocation is a breakthrough in the current land system reform in China.It is based on respecting for the scale of the planned control targets,and considering of the social and economic development in various regions of the differences in demand for construction sites.Introducing the market mechanism,through the market transactions of construction land index,to achieve the transform of construction land index to the region of higher marginal output,and to achieve the Pareto optimal construction land index.As the risk of the government public power is alienated and abused.In order to deal with the crisis of the legitimacy of the administrative allocation of construction land,based on the comparison between the construction land administrative allocation and market allocation methods.This paper puts forward the design of the construction of the legal system of the market allocation of construction land in China.One is to clarify the legal status of the construction land index trading.The construction land index transaction has the characteristics of contract type and administration type,and its nature belongs to the administrative contract,which is reflected in the government's management of the land resources.Two is to establish the basic principles of the legal system of construction land index market allocation,to follow the principle of fair and efficiency,the principle of interest flat and due process.Three is to improve procedures system of the construction land index market allocation,mainly including consultation system,the hearing system,assessment system and publicity system.Four is to establish the supervision and relief system of the construction land index market allocation.Five is to build a set of matching function of construction land index market allocation,to create a unified index trading platform,and establish the index trading compensation system.At the same time,the government will increase the index of trade compensation system in the construction land index market allocation of local samples.The government can compensate for the indicators,support the economic development of the indicators,and promote the coordinated development of regional economy through the way of financial transfer payment,resource space guidance policy and environmental protection policy.