Analysis On The Reform Of Commercial Land In Roural Tourism From The View Of Farmland Development Rights

The development of commercial land is one of the most important problems in rural tourism. On the one hand, the development of rural tourism needs some commercial land ,which is the main carrier of commercial services. On the other hand, when the agricultural land transfers to the commercial land, it is facing many complicated problems in terms of interest group and environment and resources. In order to promote the preservation and development of commercial land, how to manage commercial land more effectively and continuously has become the focus of the studies and contention. During the transferring period, how to take account of the demands of the more stakeholders at best in the reforming of land management system is one of the important issues about establishing the harmonies between human and nature and among the people in rural tourism resorts of our country in new era.From defining the concept and characteristic of commercial land in rural tourism, this paper studies every approach on the gain of commercial land in our country land management system , and proposes that the reform of approach in commercial land is to introduce the Land Development Rights.In addition, on the basis of Land Development Rights theories, this paper generally introduces the Land Development Rights of the Britain, France, the United States, Japan and Tai'Wan in China. On the situation of China, this paper also sets up the China's Farmland Development Rights from the law structure, structure design, alteration rule of right, market ordonnance and administration ordonnance. In the main body of this article, some advices on reform of the approach to gain the commercial land in our country land management system are brought forward. In the aspect of land expropriation system, the author indicates the necessity of instituting the regulation rule to control the land expropriation area. Also, the author proposes the feasible measure to perfect the allocation of land benefits and the compensation for peasants. In the aspect of land cirulation system, the author analyses the three practical problems- the distemperedness of market system, the conflict between the commercial land and the ecological land, the straggle allocation of village . On the basis of Farmland Development Rights theories, this paper proposes the mode of collective construction land directly entering into market, the ordonnance of the Dummy Development Rights and the village redevelopment.