| The real estate industry is a major category of the national economy in the process of the building China's socialist market economy. The real estate development will not only meet people's demand for residential, but also promoted the social and economic development. It is a complex economic activity, which has a long construction period and many projects. However, all these activities are based on land resources which need to carry out. Land is a real estate legal relation in the most basic object of property rights, real estate development and land resources are closely linked. Real estate development improve people's living environment, meet the requirements of domestic and promote socio-economic development, but also Occupy much land for food production, agricultural development. Land is the basis for the survival of mankind, China's land resources can not be optimistic about the current situation, large-scale real estate development land makes large loss of fertile farmland, real estate development and land resources have this conflict.The main contents of the thesis are as follows:First of all, we have theoretical analysis in the real estate development and protection of land resources. On the one hand, described real estate development and the content of a conflict of interest, real estate development and protection of land resources in the reality of a conflict of interest for inspection and analysis of the causes of conflict. On the other hand, expounded the theory of government intervention, as well as the connotation of a balance of interests, through government intervention to achieve real estate development and land resources to protect the interests of balance, and clearly real estate development in the protection of land resources the significance of that is conducive to guarantee agricultural production And safeguarding social stability and helping to safeguard the healthy development of real estate development market is conducive to the achievement of sustainable development, and maintaining inter-generational equity.Second, analyze China's real estate development in the legal system to protect land resource. In real estate development, the protection of land resources as the real estate development is the sitting, design, construction and reclamation work carried out. First , real estate development according to the site to carry out land-use planning, land planning is based on state land and the natural attributes of the most effective use of the principle of land use prior to the reasonable arrangement and design. At the same time, the site can not occupy farmland. In the design and construction, it is necessary to maximize the economic use of land, using various technical means to control the construction, to achieve the protection of the development. China's real estate development in the state-owned land on the infrastructure, housing construction, real estate development must be made in accordance with the law of state-owned land use rights, which involves real estate development activities in the land supply system, including the compensation for the use of state-owned land and allocation. From the restricted supply of land resources has been regulated in the real estate development activities, protection of the state-owned land resources. As China's economic development, production and construction on the land from escalating, land use and land conflicts between the virtuous cycle of more and more acute. Therefore, the establishment of reclamation system designed to protect land resources and the ecological environment, forming a virtuous circle of land use. Under such circumstances, the country is bound to use the identity of managers of national regulatory authority, the national land use and land a strong ability to resume implementation of the intervention. Land acquisition system is in real estate development activities related to land an important protection system. States in the public interest and the needs of the land is in possession of the existing land resources in the state of adjustment and re-allocated to protect the land resources of the ultimate goal.Third, through the real estate development in the protection of land resources in the analysis of the legal system, find out the identify deficiencies. In land use planning, planning executive power out of control, manifested in: Lack of detailed planning control, planning vacancy in the executive power; lack of coordination within the planning system, the internal configuration of unreasonable administrative procedures for planning a lack of control. In the land supply system, the government's land supply ineffective supervision: Land use approval lax; lack of supervision on land use process; free transfer control of misconduct. In land reclamation, the legislation does not reunification, the lack of technical, financial protection: Reclamation laws and regulations do not sound the lack of complete reclamation planning management system, poor funding channels. Finally, the serious phenomenon of illegal land requisition: Not limited to public purposes; government abuse of power, leapfrog land; land instead of the levy. China does not form a unified, more specific on the real estate development of land resources protection system. With the real estate development activities have become increasingly frequent, many of which can not follow the practical operation, land protection system in real estate development theory in the lack of a direct result of the serious damage to land resources.Fourth, improving China's real estate development in the legal system to protect land resources, through government intervention to achieve real estate development and land resources to protect the interests of balance. Strengthen the real estate development in land-use planning system, by improving land use efficiency, economical use of land, from the entities and procedures on the construction of complete coordination of land-use planning system; Improve the land supply system, and strengthen the supervisory functions, strict examination and approval system and strengthen the management's approval; Ensure that land reclamation system, stressed the importance of land reclamation plan, increase capital, technology inputs and standardize the use of the land after reclamation; Reform the rural collective land acquisition system, clear the scope of land requisition, the right to reasonable use of land, increasing the compensation for land resources. The real estate development in the protection of land resources in the improvement of the system, can further make up for this theory in China's many institutional shortcomings, makes real estate development activities in land resources protection law. |
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