Land Acquisition And Government's Responsibility In China's Urbanization Process

There are large area collective land in our country, which is a result of history and a realistic need.In the process of our country's modernization, distance between urban and rural areas has been existing for a long time .The problem is always being there that the country asks the city for funds and the city requests land from the country . The economics law of resource distribution will unavoidably make the collective land set foot in the urban house property market. And with the fast economic development and the accelerative social urbanization, urban's demand for land will enlarge.In order to satisfy city's demands and fill in the gap , it is necessary and the only way to ask for collective land from the suburb countryside in the city ,which is also a basic way to solve demand problem of urban land ,except for developing towards high altitude. In these decades, the system of land acquisition has contributed greatly in improving the legal system of land and ensuring socialist construction to carry on. A lot of countries have made the system of land acquisition in the course of building urbanization and modernization, we can say that in urban construction and socio-economic development land acquisition is inevitable.But it has also caused a series of questions while accelerating the urbanization and modernization drive. But with the quickening of the urbanization process, land acquisition has become a kind of necessary trend of following the urbanization.The land is non-renewable. Soliciting one more hectare of cultivated land means peasant's lacking of one hectare and a living guarantee. It is very general that the local government lowers costs in order to invite outside investment. After seeing the land's appreciable potentiality ,some enterprises utilize every industrial park and agricultural garden to concoct various pretexts and enclose land in a disguised form,whose real purpose is not to invest but to take over the land for use. The construction land which the government solicits at a low price from peasant's hands, become the way that enterprises make profit disguisingly. Though our country has scored achievements on the institutional improvement of land acquisition, there are still some questions existing.This text lists and analyses these questions one by one and combines the actual conditions of our country finally. Then it proposes countermeasures suitable for China. The full text divides into three parts altogether: The first part explains the domestic and international experience and methods about land acquisition. By introducing the policies and methods about land acquisition of the foreign developed countries and comparing with the situation of land acquisition in our country's current urbanization process, this part thus draws lessons from the concrete executive measures valuable to China. This text states around the concept of urbanization and land acquisition at first.Then by studying the relationship between the urbanization process which is the inexorable trend of the social development and land acquisition,it explicates further that urbanization is the important lever to quicken the economic development and social progress. A common problem that all the countries in the world will face is that with the quickening urbanization process, there will be a large number of peasants' land taken over for use, which is a course that various countries must go through.Because of land acquisition , it must refer to peasants'interests ,as well as the problem of compensation. That is to say the primary problem met in the course of urbanization is a change of the land utilization form , namely the couse of changing original farm land into city land,which is the mutual interests transition between government and peasant in fact.Then make an introduction to U.S.A. , Britain , Japan 's current experience in land acquisition compensation . The American land is totally commercialized. The constitution stipulates clearly that only limited to the public purpose and having reasonable compensation,can government and relevant organization have right of eminent domain. Britain has made more exhaustive regulation to the compensation of land acquisition, including land acquisition compensation principle , compensation range and standard , appraisal date and treatment to compensate dispute ,etc. "Land acquisition law"in Japan regulates that all important public utilities can use the system of land acquisition, taking the individual paying as the principle for lost compensation.For the property paid, it takes cash as the core in principle.Andthe standard of the compensation money must be the acquisited land or nearby similar land's rent. And then make an introduction to China's using land acquisition and define the disparity and deficiency in the above countries 'land acquisition , which has determined that land acquisition in China needs improving and reforming further in the urbanization process.But this not means imitating developed country experience totally.We should set up land acquisition to suit China's actual conditions . The second part is the analysis of the problems in land acquisition at present of our country. Firstly, though we have taken corresponding measures in land acquisition, a lot of questions exist. It shows concretely as follows: There are defects in the system of taking over the land for use (including imperfect laws and regulations of land acquisition, omission in the land special regulation; unstrictly distinguished collection and commandeer unfavorable for the unified management in urban and rural areas; not concrete laws and regulations clause for use,operating at great random; compensation methods now do not obviously meet the needs of economic development of the market; The range is too widely and the purpose is too generalized; The composition of the compensation is unreasonable); Land resource distribution efficiency is low; Peasant's rights and interests are lack of guarantee; Government's public trust is influenced.Even some local governments'starting point of taking over the land for use has obvious public beneficial, but deviation in policy's carrying out easily ittitates contradictorily , influencing government's public trust among the masses; The environmental problem caused by the reduction of the cultivated land has influenced the ecological problem in the city.Secondly ,defining the reason of the question.The origin of the problem between government and lost territory peasant (pull down into people ) in taking over the land for use during Urbanization process is interests conflict,showing in five aspects,which are taking over and losing land, land appreciation and compensation, city expansion and unemployment , macroscopical goal and micro goal and long-term interests and present interests . Thirdly,analysing the reasons (the interests of each correlated side ). Local government , developer , lost territory peasant ( pulled down people ) are looking for the balance point for...