On The Unity Of Urban Land Reserve System In China In The Acquisition Of Rights

The land reserve system has been rapidly developing in China during these years, yet its legislation lags behind the social practice with a deep gap. This lag doubtless hinders China's land reserve system from going further. Due to the huge difference in basic land law system between China and other foreign countries, it is impossible for us to clone foreign legislation models and experience in land reserve field. So this paper proposes that the uniform authority of land purchase should be set up in our law system in order to establish China's own urban land reserve mechanism. This paper in the main consists of three parts as follows:The first part is just the Chapter Ⅰ. It first makes a basic introduction to the land reserve legislation of most foreign countries under the land private ownership and that of HongKong under the separation of ownership and tenure.Thereafter, it concludes that China should not entirely duplicate those legislations due to its own situation.The Chapter Ⅱis the second part. In this part, the paper synoptically analyzes the necessity, impedient factors and feasibility of establishment of the uniform authority in China's current law system.The last part includes Chapter Ⅲ~Ⅴ, which is the linchpin of the paper. It concretely discusses the legal meaning of the uniform authority in multiple dimension. Its main viewpoints contain: (1) the uniform authority consists of four sub-authorities; (2) the uniform authority embodys the compulsory purchase of land rights; (3) as an exertion condition, "public use" should be replaced by "public need"; (4) the compensation should be based on the land rights of counterparts; (5) three kinds of relief should be established to protect counterparts' legal rights.