| With the development of land usage system reform and urban land market in our country, a new land management system appears, that is land reservation system, which is also a innovation system on the system of paid use of land and land management system. The establishment of land reserve system represents the direction of China's land system reform. It is another innovation on urban land-use system in our country. Someone said that this is "the second land management revolution" in The People's Republic of China. Practice has proved that land reservation system has important role to our government on the regulation of land markets, the implementation of the overall planning of land use and town Planning, the assets of state-owned land value and value-added and promoting socio-economic development of the overall coordination. However, since the time of the establishment and implementation of land reservation system is very short in our country, it appears a lot of problems in practice, for instance, the shortage of laws and regulations on land reservation system, the unclear nature and function of land reservation agencies, land supply means irregularities, basic procedures imperfect on land reservation system, which conflicts with the existing laws and regulations, the lack of supervision and management on land reservation agencies. The existence of those problems has tow influences, one is that it causes that people question rationality and legitimacy of the land reservation system; another is that it certainly influences the land reservation system to the socio-economic goals. It also exemplified that we demonstrated the system with the, establishment and operation of the theoretical concerns and inadequate research, Examining and studying from legal theory angel is even shorting. Given such a situation, this article tries to analyze this system from the perspective of legal theory and theoretical foundation, revealing its inevitability, rationality, legitimacy and overall coordination of the entire legal system of land, tried to build a theoretical foundation system , then several models of the analysis results and current problems made the corresponding legislative proposals, policy measures and improve the systems concept. Under this thinking, besides the Introduction, this article discussed the problem from the following four parts. The introduction part mainly introduced the selection of subject background, the significance of the study, the status of theoretical research, and research methodology used in this study purposes and so on.The first part: theoretical analysis of land reservation system. This part is the most important parts in this article. It is from the perspective of legal theory to examine the establishment of land reservation system and verification of the legality of the actual operation. Legality relates exist to abolish the system. If it can through test of the legality, then the system will continue to develop and improve. Otherwise, there is no legal basis for the establishment of the system, the operation of the system in a state of lawlessness. First, studying the concept and character of the land reservation system, the land reserve system means that land reserve agencies to bring them through the collection, looking to acquire, by way of obtaining replacement land for the storage, processing, use and development of the rational allocation of land resources, such acts on a series of rules on the formation of a land reserve system. This system has tow legal characters: land acquisition and supply of specific subjects; dual nature of legal relationship. Then analyzing the values of land reservation system, pointing that the innovation of this system is that the system embodies the attributes of the value of the market economy-efficiency and equity, and the efficiency and equity are organically combined in this system, so that Equity and efficiency uniform in the multi-level system of operation. Finally, discussing the relationships among land reservation system, land property rights system, land transfer system and urban land management system, pointing that land reservation system is indispensable in the entire system of land. It is harmonious with the above three specific system overall. So the legitimacy of land reservation system has been tested through comparing this system about its concept lawful character and value with the related system.The second part: theoretical basis of the land reservation system. This part mainly discusses the theoretical foundation of the establishment and operation of the land reservation system from the following three aspects: land ownership theory, the theory of land development rights, market failures and government control theory. Mainly trying to explain its reasonableness of appearance, since some of them have strong legal features in the above theory and can further explain the legality of land reservation system. As regards land ownership theory, its theoretical value is that it describes the fundamental premise of a land reserve system -that is the collective ownership of land and ownership of state-owned land. The operation of land reservation system is based on land property rights system, which has the function of achieving civil land transfer. So in the beginning of this article land ownership theoretical concepts and basic points are introduced. Then the fundamental premise of a land reservation system and operating base are discussed. As for the theory of land development rights, its theoretical value is that it can fully embody the public interest of land reservation system and can make a convincing explanation on appreciation of the value-added source of land reserves and the legal theories and theoretical foundation of state-owned. So the concept of land development rights and fundamental content are introduced firstly in this article, then proved the land reservation system designed social and public interests from the tow angels of the purpose and content of creation of land development rights and the relationships between land development rights and the operation of land reservation system. Finally, a lot of phenomenon is explained in its operation, for example, the source of land value appreciation reserves and it belongs to state. About market failure and the theory of government control, the view in the article is that its theoretical value is that we can explain why do state intervene land market by its public authority and how to intervene under the condition of market economy through using it. State achieves its intervention through using land reservation system. The basic theory of market failure and government control is firstly introduced in this article. Then the character of the failure of land market in our country and the content and method of government interference are discussed. Basing on the above, the following idea is posed: the land reservation system is a system about state interference land market so as to overcome the failure of land market.Moreover, the idea-the theory of land rights and land development rights is a theoretical basis about land reservation system-is expounded in the above, which further proved the legitimacy of land reservation system.The third part: model study on system of land reservation. Under the background of land system, law and policy, the system of land reservation is advanced. The background of the system of land reservation on its establishment is discussed firstly in this article from the angle of socialist public ownership of land, the system of socialist market economy about its establishment, law and policy. Under the condition of public ownership of land and the current law, the aim of the establishment of land reservation system is to adapt the economic restructuring. Then, taking the operation model of the land reservation system in shanghai, hangzhou ,nantong and wuhan as an example, comparisons are made from the nature of the land reserves, the function of the agency, the power of reservation, land trade outside the land reserves, land trade inside the land reserves, user-transaction, the targets and rights of land supply, the means and effect of market monopoly, the supply way of land reserves, the demand of fund, the supply of reserved land, the rights of government preemption. Finally, the main problems that existed in the land reservation system are generalized. The following is its specific manifestation: the shortage of laws about the system of land reservation, the unclear nature of land reserve agency and vague function, the abnormal way of land supply, the imperfect basic program about land reservation system, conflict with some of the current laws, lack of custody about land reserves agency for our government and etc. The foundation about legal countermeasure in the following step is based on the above.The forth part: legal countermeasure about land reservation system. In this part, countermeasure about the main problems existed in the land reservation system and how to perfect land reservation system are made, the premise of this countermeasure is the frontal elaboration of theory and several representative land reservation system nowadays in our country. First, the idea-our country should establish the system of land reservation which is controlled by our government-is clearly made, and feasibility and necessity about its establishment are analyzed. Then, the legal countermeasure about the perfection of land reservation system is made comprehensively and systematically from the following two aspects: suggestion about legislation and proper policy, the land reservation system.In a word, the establishment of land reservation system is not coincidental in China; instead it has its historical inevitability. This system is still not existed in Chinese law at present, but it is operating under the current law frame and not breaking the theory of law and the basic principle of law. So it is reasonable and lawful. We should also know that this system has some weakness that is discussed in the above. We cannot overlook that question. What we should do is that we should take positive attitude to improve and perfect it from theory and reality.
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