On The Regulation Of Land Use Change

With the development of economy and the increasing population, the growth of contradiction between man and land,together with the lack of plan and guidance in land use,results in not only intensification the contradiction between people and land,but also the failure of rational allocation of land resources. The deformation of the structure of land use has had an impact on the rational readjustment and steady development of the economic structure and industrial structure of the whole society. And among this,there is more cause to concern the regulation of land use change. In China's system of regulation of land use change, the protection of agricultural land is emphasized. However, the author believes that irregularities of land use change in urban areas are even more serious. These irregularities seriously affected the country's economic development,social stability and the optimal allocation of land. However , scholars are more concentrated on land use regulations and very few people devoted to studying the problems and countermeasures in the regulation of land use change. As such, this paper begins with the basic theory of the regulation of land use change,focuses on analysis of the violations in land use change and analysis of the reasons for these violations,and put forward the corresponding proposals.This paper is divided into the following sections:Part I: Introduction. This article reveals the background and significance of this paper,and sums up the relevant documents,and shows the logical structure of this paper.Part II: An overview of the regulation of land use change. This part consists of three sections.The first section describes the historical development of the regulation of land use change. The developing process of the regulation of land use change is the same one of the regulation of land use,because the former is a main part of the latter. Both originated in the zoning control system land use.Section II addresses the theoretical basis for the regulation of land use changes, including the resource, economics and jurisprudence based foundation. Resource basis requires land use changes must first meet the requirements of the natural nature of land. Economics basis is referring to on the condition of the scarce of land resources,the establishment of legal regulations is necessary to regulate all kinds of destruction and waste of land resources in the non-rational behavior,to achieve the optimum development and utilization of land resources and to ensure sustainable development of economy and society. Jurisprudence basis discusses the country's capacity in land-use control. Academics have three opinions of this question: as the owner,as the state sovereignty and as the public manager,and I agree with the last opinion.Section III analyzes the function of the regulation of land use change. The regulation of land use change can guarantee the human survival by Providing food,define the "degree" of land use change to guarantee the rational use of land resources,conducive to the rational use of land and optimize the allocation of functions to ensure the ecological balance,balance the benefits of social and individuals,safeguard normal market order and promote the orderly development of the economy.The third part is studying of the status quo of China's regulation about urban land use change. First,the author introduces the legislations of urban land use change related,which including the laws about registration of the use changed land ,the laws about the process of land use changing, the laws about the liability to change the land use in three parts.Then,the authors analyzed the problems of the legislation. Firstly, there is conflict about the concept of the regulation of land use change in the relevant laws and regulations. Secondly,there is conflict of the procedure to approve land use change in the relevant laws and regulations. Thirdly,the responsibility for unauthorized changes in land use is not operational.Then,the author focuses on the violation of the law in land use change in urban areas,which are Legal issues to the consequences. The illegal phenomena can be divided into two main categories: one has the legal appearance and the other has not. Both of them do harm to society.Part IV,some proposals to improve the regulation of urban land use change. Firstly,clarify the concept of land use change. Secondly, clarify the procedure of urban land use change. Thirdly,clarify the approaches to do with the unauthorized land use change. Fourth,improve supervision and control.