Study On The System Of Land Preemption Right Of Government In China

The government land preemptive right system is the system that governments or relevant departments shall have the right to buy the land first under certain conditions.The proceeding of the distribution of land resources has been speeded up in recent years in China.The government land preemptive right system is playing an increasingly important role as one of the important ways for governments to regulate the land market and realize targets of the public land utilization and management.In China ,the land laws and regulations,such as Land Administration Law,and Interim Regulations Of The People's Republic Of China Concerningthe Assignment And Transfer Of The Right To The Use Of The State-ownedland In The Urban Areas,have been referred to government land preemptive right,and set some rules to exercise government land preemptive right.However,until now China hasn't formed a relatively complete theoretical system of government land preemptive right.Besides,there is few theoretical researches about government land preemptive right.As a result,government, the original land users and other interested parties etc. can't get their profits fully realized, and the process of establishing scientific and perfect the land management system has been influenced.This paper utilizes the qualitative analysis, comparative analysis, functional analysis, interdisciplinary research and other kinds of research methods.It aims to establish the government land preemptive right system with Chinese characteristics,guide government entities at all levels to enforce the land preemptive right in practice,make government land preemptive right enforced legally and rationally,compensate for the shortage of the land expropriation system,further promote the perfection of the land banking system,and get the land use and management system more scientific and reasonable.The first part of this paper explains the general principles of the government land preemptive right system,and mainly analyses the legal nature of government land preemptive right.The second part of this paper summarizes the advanced Legislative experience of several countries,such as France,Japan and Germany,and provides references for China to establish and perfect the government land preemptive right system.The third part of this paper analyses the current legislation system and points out the shortage of the present government land preemptive right system which should be replenished and perfected.The forth part of this paper brings out several suggestions on the construction of the government land preemptive right system from three aspects, as the legislation form, the legislative purpose and the legislation contents.