Research On The Legal System Of Land Development Rights In China

Land is one of the most important material basis for human survival and development, and the land system is an essential guarantee for the rational and effective use of the land. The legal system of the Land development rights (LDR) was established in the UK "Urban and Rural Planning Law" in 1947, which aimed at avoiding the conflicts between the government and land owner in terms of land developing and resources protection.Land development rights, actually the right to re-develop the land, is more specifically the right to change the existing use or extent of developing the land by land owner or occupier. It is a property separated from the land ownership and can be disposed independently. This is a new type of rights relating to the rational and optimized allocation of land resource.The system of the land development rights has already gone a long way these years, from the "nationalization of land development rights" system in Britain at the very beginning, in order to limit the abuse of private ownership of land; to "preemptive right of the land" and "legally limited density" system in France, to promote the implementation of the urban land plans, preventing the land from being violated so as to meet different needs of the government and the private toward the land; then to the system of "transferable development rights" ,balancing the gap caused by different planning in "restricted zone "and" recipient zone" in terms of land density, increasing the opportunity to attain economic interests for land owners and at the same time attain such public purposes as protecting historical monuments where lies landmark buildings.To conclude, the system of LDR has completed a great leap from inadequate flexibility at the initial stage, and approached the mature phase of combining the administrative means by the government with ways of operation in the market. It now becomes a relatively systematic legal system.China is also facing the problems of land development and rational allocation of land resources, let alone the big problem such as protecting the rights of collective land ownership. All these can be contributed to the lack of the LDR system.Our existing system of land tenure only regulates land use after the use of land patterns is fixed, not involving changes in land use; and the control system of land use stipulate the administrative power of examination and approval, ignoring the effect of market mechanism on the relationship during the process of changing land use. The right to change the use of land has no legal support. Therefore, the government gets the final say. The result is irrational allocation of land resources, over-exploitation and the situation of land abandon become common; rights of owners of collective land are limited in a long term, and can not be achieved in forms of economic interests in different ways.Land owners of collective land face an embarrassing situation with no law providing support while illegal expropriation happens. However, the Government expropriates a great sum of collective land, earning a huge price difference by offering the low compensation price and gaining the high bidding price for the transfer of the land tenure. Therefore, to bring the system of land development rights into our land system in China has practical significance. Based on the description of the theoretical basis of land development rights and the analysis of current problems in the legal land system, the necessity of creating land development rights in China is demonstrated. That is to encourage farmers to better protection of agricultural land, to grant farmers the land development rights and protect the interests of farmers to share the increase in the value of land so as to solve the issue of compensating the income of landless peasants, to perfect the legal system of our land, eliminating the adverse impact of lacking the development rights system. Finally specific legislative proposals on the construction of land development rights system suitable for China is provided by comparing the legal system of land development right of several countries.The basic structure of the full text includes:Chapter I: An overview of the basic theory of land development rights system.Chapter II: Analysis for the need of creating land development rights in China.Chapter III: Extraterritorial and comparative analysis of land Develop- ment rights and references.Chapter IV: Specific design of Land Development in China's legal system.