Study On Legal System Of China's Land Reserve

The traditional urban land-use system in China was formed during the times of planned economy. Its basic characteristics were using land with no payment, no time limit, and no exchanging. Thus the value of land could not get real presentation, which brought about all sorts of problems. Under the general background of transferring from planned economy to market economy, to establish urban land reserve system is a necessary choice of reform of urban land-use system in China, and an innovation and reform of urban land-use system of our country as we ll. Its main objective is strengthening the regulating ability of the government on land market, preventing the loss of land profit, and normalizing the market through monopolizing the first level land market supply by the government.The establishment of urban land reserve system has greatly overcome the disadvantages lying in the state-owned land-use system during the times of planned economy, better handled the relationship between government administration and market regulation. It helps the government monopolize the first level land market, stablize the real estate market and even the economic situation of the whole country. At the same time, the system reflects the market attribute of the land as an essential productive element, for having introduced a market mechanism into its disposition process, the value of land can get a real presentation.This paper tries to make a comparatively thorough and deep study on the urban land reserve system, especially analyzing the operating mechanism of the land reserve from the legal point of view, exploring an operating model of the urban land reserve suitable for our country. The paper includes six chapters besides the preface and the conclusion: The first chapter gives the definition of the urban land reserve system and summarizes its legal characteristics and foundation; the second chapter summarizes the experiences of land reserve in foreign countries and what we can learn from them; the third chapter summarizes the main context of China's land-reserve system and the background of establishing the urban land reserve system in China and the effects of the carring out the land-reserve system at the same time; the fourth chapter gives a legal analysis of the operating mechanism of the urban land reserve in China, including analysis of legal properties of the organizations of the land reserve and analysis of legal attributes of three elementary links of purchasing, reserving and selling in the land reserve; the fifth chapter points out the main problems existing in our country's urban land reserve legal system;the sixth chapter introduces and compares three specific operating models of practical urban land reserve, and then puts forward a suggestion that a government-leading model conforming to the actual situation of our country should be established; to main problems ,the chapter raises some solutions to perfect China's urban land-reserve legal system.