Land Development Rights And Its Impact On The Construction Of Principal Function Regions

Currently, China is in rapid economic and social transition, especially its economic development is in the new historic stage after 30 years of Reform and Opening up. So, it is very necessary to sum up and reflect on the past 30 years by the loss and income. On the one hand, rapid economic development is at the cost of environmental damage and resource depletion. The resource and environmental bottleneck for further development has aroused. On the other hand, the geographical imbalance of economic and social development is becoming increasingly serious, and much-needed to build an interest coordination mechanism. Therefore, it is very necessary for this thesis to study regional coordination and resource protection problems which China facing in future development together.As a theoretical exploration and attempt, this thesis seizes the key issue affecting regional development imbalance, that is, the imbalance in regional land development rights. Beginning with the perspective of regional coordination and resource protection, this thesis tries to stimulate capital transfers from development regions to protection regions by constructing a mechanism of intra and inter-regional transfer of land development rights, achieve the goal that development regions should pay for the ecological public goods provided by protection regions, and drive regional equalization of basic public services, so as to ensure the construction and implementation of principal function regions. Besides, this thesis also does some explorations on farmland protection, land economical and intensive use, and the construction of benefit-sharing mechanisms to harmonious society and so on. Based on the conclusion of relevant researches at home and abroad and foreign practices on land development rights, this thesis does some explorations on theoretical issues about localization of land development rights, focuses on the necessity of setting up land development rights in China, the concept, attribution, enpowerment, status and the change of land development rights, and preliminary studied the implementation feasibility and expected gains on land development rights in China.The main achievements of this thesis are as follows:1. The construction of principal function regions is making efforts to resolve the contradiction between conservation and development. But at the same time, it may lead to new problems, namely, regional imbalance of development rights, the lack of cost-sharing mechanism of resources conservation and the loss of cultivated land resources is likely to exacerbate. But there are some shortcomings in existing ways to solve these problems, and they have the failure risks.2. As a complementary idea, land development rights provide a unique perspective for solving the above problems. China has the feasibility to establish land development rights system from the perspective of theory, law and practices. Firstly, the construction of principal function regions provides the possibility of intra-regional transfer of land development rights; secondly, based on the 33 article of "Land Administration Law", blance planning of arable land in different places fit its ideas. The program of intra-regional transfer of development rights, which based on the planning of land development rights can be achieved; thirdly, although there is dilemma between a certain degree of economic feasibility and policy conflict, the innovation practices in local level are drived by the non-equilibrium of the existing system, so they have a certain reasonable, it can be provided for a reference in this article.3. Land development rights are the rights to change land use patterns, can be differently classificated by a variety of criteria. China's land development rights belong to the collective land users, namely farmers. This is a unique institutional innovation arrangement based on our special situation. As an important land right, land development rights have great importance to the improvement of our land rights system which based on land ownership and focused on land use right, and have four empowerments of possession, use, income and transfer. The change of land development rights follows the requirements of "property law".4. Based on the blance planning of arable land in different places and the planning of land development rights, this thesis tries to guarantee the construction of principal function regions by a mechanism of intra and inter-regional transfer of land development rights. The blance planning of arable land in different places is designed to regulate "the innovation practice" at the local level, to improve the operation performance of the existing policy, and maintain the authority of the central government in the protection of arable land resources. The land development rights planning put forward the principles and methods of total configuration, structure configuration, regional configuration and time configuration. In particular, this thesis believe that agricultural land development rights should be allocated by the number of agricultural land resources, particularly the the number of arable land resources in county-level regions, and constructional land development rights can be allocated by the level of construction and development activity in the county-level regions. Thus, protected areas can be assigned to more agricultural land development rights, and development areas can be assigned to more constructional land development rights. The intra-regional transfer of land development rights is taken the county level as the basic unit, county level people's government and its specialized institutions (Land Development Rights Bank) as the main body, and transferred in the whole country market. The inter-regional transfer of land development rights is taken farmers, developers and Land Development Rights Bank as the main body, and the rights are exchanged in free market under government regution and control.5. Any system transplantation is a two-way "interactive" process between implant and receptor. This thesis holds that China should establish land development rights in the legislation system firstly, then reform and coordinate the existing system, explicit the relationship between land development rights and land use rights, in order to achieve non-butt joints between the existing system (receptor) and the land development rights system (explants). The introduction of development rights is conducive to promote regional coordination, guarantee the construction of principal function regions; and provide an effective policy tool for central government's land management; correct market failures and promote farmland protection and the whole society can gain a lot through this action.