Research On Land Quota Transactions In The Perspective Of Centralized Land Control System

In China,as the arable land issue concerns about national security,it is the core of Land Management Law.The central government of China uses a strict total quantity control way to protect the arable land.Nevertheless,basing on the fact that local economic development relies on the new construction land,the central government has to break the plan itself to increase the land supply.Under this circumstance,local governments go even further,they explore a land quota trading system such as“land ticket market”to get more construction land.The benefit of land quota trading system is that it increases the elasticity of the rigid land use regulation,though there are also some institutional defects in this system.In China,land quota is a tool used by central government to control the eminent domain power of local governments.However,inter-government land quota trades frustrate this goal and make the quota indicate a certain economic value.On the other hand,transactions between private parties don't give the developers real benefits,developers are forced to buy the quotas because of the monopoly status of local governments in land market.Compared to the land quota trading system in China,the real advantage of Transferable Development Rights system in America is that it has established a mechanism of interest exchanging between private parties.The mechanism takes floor area ratio as the object of transaction,not only making the planning system more flexible,but also introduce the private funds into public welfare fields successfully.The greatest enlightenment of TDR is that it establishes a mechanism of interest exchanging between private parties successfully.Meanwhile,the experience of American land administration system handling the relationship between local and central governments,market and government also worth our learning.New land system reformation has started since the Third Plenary Session of the 18^th CPC Central Committee,which means land ownership system and land management system will be changed drastically.In terms of land ownership system,typical changes include that the difference between urban and rural land system has been weaken,rural housing properties can be mortgaged and transferred,collective industry construction land can also be transacted and the scope of eminent domain will be narrowed in the near future.In a word,the rural land and the urban land will gradually enjoy equal legal status.Considering the long period of Chinese land reform,there are two solutions to reform the land quota system.The short-term solution claims to use the flexible space of FAR to attract the social capital into the land reclamation field,while the long-term solution proposes to reform the land ownership and management system in China,separating power and right,government and market,neutralizing the local governments,and reforming the land quota trading system between governments and private parties.