| Land is the most significant resource for human existence and the source of everything in the world. From the execution of Reform and Development Policy, with the progress of urbanization, many local governments, based on the mutual effect of developmental requests in economy and society, transforming of governmental functions and reforms in land administrative management and lack of revenue in local governments after the reforms in system of tax distribution, founded various systems of land reserve with different purposes.Since the first land reserve institution was set up by Shanghai city in 1996, up to now, there have been more than 2000 cities which founded their land reserve systems. And at present, most local governments put land reserve in practice and take the system as a kind of new land policy. And it makes all-round impacts on the country.On the one hand, land reserve has close relation to social public interest. Carrying land reserve into execution by means of administration makes not only good to the harmony of public and private interests, but also accelerating exertion of government function in macro-control and the realization of saving use of land. On the other hand, the practice of land reserve system maybe face the problems whether colliding with Constitutional Law of PRC or going against the principles of governing the country according to law and ensuring the human rights. In May of 2010, a lawyer from Beijing named Xingkui Zhang sent a express request letter to the Standing Committee of National People's Congress, claiming that the legislature should make validity reviews of the land reserve system and "the Regulation of land reserve management". To the request of the lawyer, there is no formal answer for feedback from the upmost legislature. However, the goings-on by Xingkui Zhang caused my further attention to the land reserve system. The author intends to make in-depth analysis on the current land reserve system at home from constitutionalism perspective, taking as an attempt to give answers to the above theoretic question and possible guides to the practice of land reserve system.The article expounds its opinions with the beginning of constitutionalism perspective, taking consideration of making in-depth analyse on land reserve practice, to the purpose of making perfections to land reserve system in China. As to the details of the article, there are six parts in all. In the beginning part, the author puts forward the core problem of the article and introduces the research angle of view, the research status quo at home and abroad and research methods. In the second part, the author analyses the inner relation between the land reserve system and Constitutionalism and points out the necessity and practical importance of land reserve system analysis from Constitutionalism perspective after expounding the basic theory of land reserve system and constitutionalism. The third part makes its discusses with the start of human rights value of Constitutionalism and from the perspective of private property rights protection and seeing about the status quo and shortages of human rights guarantee in land reserve system practice. For the fourth part, the writer explores the discusses on the representations of hindering the construction of country under the rule of law in land reserve system from the perspective of monocracy. In the fifth part, the author makes the judgment on the controversy of land reserve system and holds that the system, with a great initial purpose, turned into the present opposite factor to the goal of constitutionalism, then, He brings forward a series of countermeasures and suggestions on the perfecting of land reserve system under the frame of constitutionalism. In the finishing part of epilogue, the author generalizes and points out the main problems of current Chinese land reserve system——lack of guidance and regulation with core principles of constitutionalism, then, He makes the predictions of the land reserve system. |
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