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An Analysis Of The Land Quota’s Necessity And Feasibility In Chengdu And Chongqing

Posted on:2013-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:W B ZhangFull Text:PDF
GTID:2246330395488488Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Urbanization and farmland protection are requirements based on China’s basicnational conditions, while the contradiction between the two has become increasinglyacute. The central government has been trying to find effective measures to addressthis contradiction, and the Chengdu-Chongqing Land Quota system is issued in thiscontext. Chengyu land quota system, however, has been controversial since the dateof birth. Chengdu was even halted by the central government. This article attempts tointroduce the land quota system of Chengdu and Chongqing, then explain theessential differences between the two systems and analyze the necessity andfeasibility of the system, to provide some theoretical support for theChengdu-Chongqing land quota deal system. The full text is divided into five parts.The first section details the system of Chongqing. Starting from backgroundanalysis of Chongqing land quota system-urban and rural development, this sectionfocuses on analysis of basic concepts and process and main system of Chongqing, andfinally uses the latest transaction data to illustrate the operation of Chongqing landquota system.The second section details the Chengdu land quota system.Starting frombackground of Chengdu-introduction of social capital to solve the financial problemsencountered by the rural land remediation. This section focuses on analysis of thebasic concepts and process and system of Chengd. Finally, this article tells twists andturns encountered by Chengdu land quota system in the actual operation.The third section does a comparative study on Chengdu and Chongqing landquota system based on design concept, and interprets the essential difference of thetwo-Chongqing emphasizes on the role of government while Chengdu emphasizeson the dominant position of the farmers. And this has caused a lot of differencesbetween the two-differences of agricultural land reclamation system and registrationsystem and distribution of land trading. However, Chengdu and Chongqing are consistent in securitizing construction land quota and giving it a certain degree ofliquidity, which is the most important value of land quota.The fourth section analyzes the necessity of land quota on the basis ofcontradiction between the protection of farmland and urbanization. Protection offarmland and urbanization are China’s basic national conditions and requirements. Butthe increasingly acute contradictions between the two involves tripartite subjects andtheir interests conflicts-the central government’s emphasis on farmland protection,local government’s emphasis on the promotion of urbanization, the typical farmers’emphasis on farming convenience and atypical farmers’ preference of havingsufficient funds for urbanization. In order to solve the contradiction, the centralgovernment and local government have introduced three systems-the most stringentmanagement system of construction and linkage between land and urban and ruralconstruction land use change and land quota. The most stringent management systemof construction land has a crucial role in the protection of the total arable land, but ithas more emphasis on administrative enforcement to implement plans and lack ofincentives. so this system has many problems in the implementation process-localgovernments and farmers have no interests in participating in land use planning andimplementation or even hinder implementation, and the new quality of arable land cannot be guaranteed, and the local government has no active protection for farmland andeven illegally occupy arable land, and farmers have no enthusiasm for the protectionof arable land. All these lead to the failure to achieve the goal of the farmlandprotection by central government. And local government and farmers are often caughtin the situation of illegal land. Urban and rural construction land linkage systemintroduces appropriate incentives to mobilize local governments and farmers toprotect farmland, thus basically taking into account the interests of the centralgovernment, local government and farmers. But during operation, there has been a lotproblems-the local government pursues increasing construction land, and quantityand quality of new arable land can not be guaranteed, and expanding of constructionland lacks authorization, and interests expression mechanism of farmers lacks, andthere is no good solution to the contradictions of farmland protection and urbanization; the Chengyu land quota system make up for inadequacies in the above two systems,and it also has great advantage in addressing the contradiction of urbanization andfarmland protection-from the perspective of the central government, to achieve thepurpose of protection of farmland, from the perspective of local government, toachieve urban and rural development purpose, from the perspective of farmers to meetthe demands of different types of farmers’ interests. Therefore, theChengdu-Chongqing land quota system has an essential role in solving thecontradictions of China’s agriculture land protection and urbanization, which is alsothe necessity of its establishment and subsistence.The fifth section analyzes the feasibility of the Chengdu-Chongqing land quotaby studying a similar system at home and abroad as a research perspective. Thissection first detailed land rights development system in the United States, which hassimilar background and exploration path and design concept and specific design of thesystem. Chengyu land quota system establishes a useful exploration for land rightsdevelopment system in China, and the establishment of land development rightssystem can also greatly promote perfection of land quota system. Secondly, thissection introduces the system of paid transfers of Zhejiang province, and analyzesreasons of blat by central government-the lack of normative trading platform, the lackof systematic reclamation of agricultural land, the lack of farmers’ involvement andinstitutional persistence. And it is an important reference to perfect Chengyu landquota system-build specification of trading platforms, improve a variety of tradingrules, create a system of agricultural land reclamation system, put the protection offarmland in the first place to establish the dominant position of the farmers, and makesure that farmers benefit effectively from land quota. Lastly, this section introducesemissions trading system which has similar need to be resolved and similar designconcept. Emissions trading system, being more mature both in theory and practice,will be a very good reference to Chengyu land quota.
Keywords/Search Tags:Cheng-Yu Land Quota, Construction land quota, Landregulation reform, Land development rights
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