| At present,the State's major strategy Urban-rural Integration is closely related to the legal system regarding the acquisition,usage and distribution of land rights.Urban-rural Integration is the logical starting point in designing China's land rights system and is also the utilitarian goals of the system.Therefore,how to achieve the goal of Urban-rural Integration,while promoting the marketization of land rights,balancing the interests of all related parties and the general public are the main issues to be solved in deepen the reform of land administration legal system.This paper analyzes the usage value and legal value of land,summarizes its historical changes,describes the connotation,foundation and characteristics of China's land administration legal system.Considering the goals and requirements of the land system reform in the landscape of deepening reform and opening up,this paper tries to figure out the possible development path for China land administration legal system,and proposes suggestions for land administration legal system reform under this Urban-rural Integration strategy.Taking the historical development of dual structure urban-rural land administration system in China as the main clue,this paper briefly analyzes the land system in various periods before the founding of New China and the characteristics of land rights in China today.The author finds that the idea and practice of land public ownership played an important role in ancient China.With its rich historical and cultural accumulation,it has become a part of the national ideology and has had a significant impact on the design of land legal systems since the modern times.Also,at the beginning of the establishment of our country's land management legal system,it was significantly influenced by the former Soviet Union's land public ownership,especially the idea of collective land ownership.In its following developments,it is obviously restricted by this historical logic as well as the production pattern and lifestyle of the current society.Land public ownership is a signature characteristic in China land system.It is not only a result of national ideology,the inevitable choice in China's historical process,but also the logical starting point of modern land rights system.The land public ownership defines the development path of China land legal system from a starting point.The "political contract" about land during the period of the New Democratic Revolution is essentially dualistic.That is,the State(not the collective community)owns the land controlling right and the individual enjoys the rights and interests to use the land.Therefore,there are three metaphors in China's land rights system.First,the realization forms of land rights can be diversified.Second,the shared identity of collective land rights is confirmed.Third,the State plays a leading role in the distribution and allocation of land rights.For example,the "Rural Land Contract Law" is essentially a new political contract between the State and the farmers,which not only guarantees farmers the rights to cultivate the lands,liberates the lands productivity to the greatest extent,but also guarantees the State an ultimate control over the lands while meeting its original promise that " Each farmer has its land." The modern land administration system in China is based on dual system or dual-track system of land ownership.Bearing the goal of urban-rural integration,its legislative purpose is essentially to gradually eliminate the dual structure of land ownership.The most significant change at present is to restrict the scope of land expropriation and granting the marketization of collectively operated construction land.Imposing restrictions on land expropriation,meaning rural land is no longer the specific target for expropriation;therefore,it reduces the urban-rural differences on land rights.Allowing the direct market entry of collectively operated construction land is also a sign of equal treatment of rural construction land and urban construction land.The marketization of land resource allocation in the light of Urban-rural integration is the development direction of land administration legal system in China.But it is not the only ultimate goal at current stage.In practice,China's land rights represent three goals: people's livelihood,public welfare and commercial operation;hence,it forms three different types of land.Land for people's livelihood refers to lands that are directly used for personal survival and personality development;such as farmer's homestead,cultivated land,normal residential land,affordable housing construction land,etc.Land for public welfare refers to lands used for national management,education,national defense,scientific research,and various unprofitable public facilities and public welfare facilities.Lands for business,tourism,entertainment,and luxury residences are regarded as the land for commercial operation.Land administration legal system in China is designed to cover these three different types of land use to achieve three different goals.Land for commercial operation has complete property nature.Its development path for legal administration system is market-oriented to ensure the free access and trading of such land.Land for public welfare has no property attribute,and its management path shall be public welfare and public shared-oriented.The government is responsible for administration and each individual is entitled to proper use of such land.Land for people's livelihood is acquired according to specific conditions,mainly for the needs of social equality,because land is the guarantee of social welfare and social security.The acquisition of such land must have a certain identity or meet certain conditions.Appropriate marketization of land for people's livelihood is based on sufficient guarantee of social welfare as a premise.In this regard,a land transfer fee shall be paid according to specific standards or such land for people's livelihood shall be returned to the original distributors when exits.Land Administration Law,the Rural Land Contract Law(Amendment)and the PRC Civil Code together constitute the land administration legal system in China,almost covering every rights and power concerning the occupation,usage and transferring of lands.This revision history also reflects the great achievement of the "three rights separation structure" in China land reform.From these amendments,we see the land property rights have been further equalized,the legal system has been further improved,and the rights to use the land have been further opened up.These are signs of completing the phased tasks and historical missions in designing and developing the land management legal system.The author summarizes the development directions of land rights in China as follow: the nationalization of land ownership;the gradual liberalization of the rights to use the land;and the stabilization and individualization of membership rights.The author further proposes that the urban land administration legal system has a guiding influence on the administration of rural land.Land for people's livelihood,land for public welfare and land for commercial operation shall be treated separately.As for land for commercial operation,the most important tasks are: the right to use the land shall be given the effect of property right;the handling rules addressing the situation where the owner of the land is different from the owner of the real estate on the land shall be perfected;the land manager shall be separated from the one who enjoys the right to use the land;and finally a public easement regime shall be established.On the basis of the foregoing analysis,the author concludes that the future direction for rural land development is to persist in perfecting public ownership in the light of urban-rural integration and further proposes a four-stage development plan for land administration legal system: the opening of the owners of commercial construction land,the individualization of membership rights,the one-way nationalization of land rights for people's livelihood,and the two-way release and extinction of collective ownership.In addition,the most important reform for rural land administration is to rebuild rules regarding the collectively operated construction land,the right to use state-owned land and the collective membership right.The marketization of collectively operated construction land can maximize the realization of farmers' land rights and the collective and exclusive nature of collective membership rights has become the obstacle for managing the rural land.Therefore,the author proposes a unified urban-rural integration reform for the collectively operation construction land,puts forward identification standard of collective membership based on analysis of tis formation and nature;and finally provides suggestions on judicial remedies. |
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