The Improvement Of The Legal System On Retracting The Right To The Use Of State-owned Construction Land

It's an important link of land-use management to retract the right to the use of state-owned construction land. And, it's of great significance to resume land and re-allocate it market-oriented for regulating the land market. Also, it's important for protecting the legal rights of private party in administrative process and promoting the sustainable development of land. Besides, the conduct of the resumption of land can promote the land system of innovation.In spite of this, there are still some problems in the current land system of legislation, such as incomplete requirements for the retraction, not independent procedure, no clearly defined on the needs of the public, unreasonable compensation standard and incomplete social security system to land users and so on. The approaches of relief-in-advance are incomplete too. There are different views on the legal characteristics of the system, which confuse the relationship between administrative law and legal relations in civil, they also confuse the relationship between administrative treatment and administrative penalty. The current laws place more emphasis on the right of the owner, and attach great importance to safeguard the authority and legal status of governments and other administrative body, but ignore the protection to the private party. These above problems have obviously led to rights violations to the private party. Therefore, it is necessary to improve the system.For this, conditions for the retraction should be clearly defined in the Land Administration Law, and the procedure of affirm of the public benifite should be included. Besides, we have to set up an independent procedure for retraction. It is necessary to bring in the mechanisms of public participation too. The land should be identified as idle land before retraction, then be recovered by specialized agency and procedure.Compensation system can be established based on the experience of Vietnam. It's supposed to give the land user and house owner fair and reasonable compensation, which should be made in accordance with the principle of returns on investment when retracting on condition of public interest. Retracting the right to the use of land without any reimbursement does not mean retracting the buildings and attachments on land without any reimbursement. The land allocated by government cannot be retracted all without any reimbursement, the land users should be given compensation based on the cost of land. As for idle land, we suggest that"forced assignment"be taken instead of"forced retracting".In order to further protect the users, it is necessary to bring in the approaches of relief -in-advance, and determine the range of review and litigation, add the procedure of hearing of witnesses. These measures will provide an institutional guarantee for retracting the right to the use of state-owned construction land.