The Law Of The Land Reserve In Our Country

The land reserve system is a new type system of urban land management, which learned form foreign country’s experience. It established under the background of deepening reform of urban land-use system and state-owned enterprise, and the development of land market as well. The land reserve system did play a positive effect such as strengthening the regulating ability of government on the land market, normalizing the land market through monopolizing the first level land market supply by government. However, because it was established for a short time, it brought about many problems. First, there is no high level laws and regulations to support it; second, local government’s regulations conflict with existing laws and regulations; third, the functional orientation of the land reserve institution is unclear. These problems on the one hand led to the query of the land reserve system’s legitimacy and rationality; on the other hand, it impacted the realizing of the system’s social and economic goals to some certain extent.The first chapter of the paper introduces the formation and development of the land reserve system, including the procession of the land-use reform, the stage of the land reserve system’s development, different modes of operations in different cities, and the legal basis for the land reserve system. The second chapter elaborates foreign country’s land bank, including its production, development, the reference and inspiration to our country. Then it illustrates the function and operation of the land reserve system. The last chapter analyzes the nature and function of the land reserve institution, then proposes to build a government-led operation mode of the land reserve system.