Land Reserve System And Its Legal Thinking

In fact, the innovation of the land storage system will be just the reconstruction of the game rule under the,general frames of the socialist public ownership of the land (ownership by the whole people and collective ownership). That is to say, we should make the new land system and arrange according to the principle of market economy and reality of our country, pushing forward the advance of economic development and society with the new encouragement structure and operation rule. So, the course of the innovation of land system is the changes of land system too.Undoubtedly, The development of land storage system lies in the maladjustment between the implemented system of land supply and new development of land market. In order to alleviate all kinds of pressures in the course of rapid advance of urbanization, the country and the regional government suppressed the price of land to go up too fast, promoted the industrial structure adjustment of the city, optimized the land-utilization structure, improved the land-utilization ratio and offered land source for implementation of social welfare system. Otherwise, in terms of law, the innovative course of land storage system can be considered as the standardized course of the land system too. So, the reformation of land storage system is not only the great change of the land system of our country but also the great legal subject that the law circle faces with.This text tries to excavate the legal mechanism that lies in the land storage system, on the basis of reviewing and examining the practical foundation and development of the related system, and search the method of perfection of our legal system of land storage on the basis of deeply analysis of the existing problem. This text is divided into four major parts altogether:The first part-The survey of land storage system This partsummarizes up the production and development of the land storagesystem since 1990s roughly, and expounds the content and legal characteristic of the land storage system, and analyses the positive effect of the land storage system practically in terms of real example.The second part-The land legal mechanism of storage systemThis part probe into the legal reason land of storage systems production and development and the implication between this system, as a kind of land system innovation, and legal government and social standard. This part explains and analyses three major factors that activate the land stores legal norm at first; and then it point out the repugnance of land storage system at present against the legal government, we can regulate all the related social relationship with law to make the right and duty between the government, organization and the obligee clear, thus offer a clear behavior mode standard and rational expectancy for each side's, and reduce and prevent the random and contradiction of the regional policy from. Finally, it points out, the main purpose of the land storage system should be the maximization of social interests, but not the maximization of government'' s income, this require we put much attention to original obligee of land interests, to the coordination between the store plan and social development, to the effective regulation and control of the real estate market, to the operation and supervision of the fund, to the sustainable development of land market and society , environment , resource.The third part -The legal task of the land storage system That is just the five legal subject demanding prompt solution followed. Namely: First, serious legal and policy-related lack; Second, the wide gap between government and citizen in some area; Third, without clear subject and object; Fourth, the lack of explicit standard and principle of the purchasal compensation; Fifth, lack of the legal land guarantee for capital collection, turning round, supervising, and thus the obvious market risk, morals risk question.The fourth part - The construction of land storage system and relevant legal system This article believes, legal operation, the resource ra...