Analysis On The Status Of Shandong State-owned Construction Land Use Right Tranfer

Land, as the most basic means of production that human beings live on, is the basis of People’s livelihood, the greatest resource and wealth of state and society. As land is an important means of production, as well as scarce resources, its utilization rate is related to the success of the construction of China’s market economy. In China we manage our lands with state ownership and collective ownership, so the government’s position in the trading of land use rights is self-evident.Before the reform and opening-up, the administrative allocation of the state-owned land use rights resulted in irrational allocation, inefficient use and finally brought out idle lands and serious waste. However after30years of exploration and practice, in aim of strict protection of land resources and playing the basic role of the market in the allocation of land resources for sustainable economic growth, the market allocation system of state-owned land use rights has been established. The state-owned land use rights and other various factors of production have gradually entered the market as commodities, and the efficiency of land use and land capital gains have been improved to provide a favorable land support to the development of socialism market economy. However in respects of state-owned construction land, there are still some problems that can not be ignored. Government monopoly unified management of a land market is not in place, the laws and regulations is not perfect, there are obvious drawbacks in government regulation mechanisms, the land market-oriented configuration management system and operational mechanisms still need to be improved.This thesis aims to analyze the problems that exist in the process of state-owned construction land in Shandong Province, and particularly focuses on the Government’s defects and deficiencies, as the land use right transferor, as well as supervisors, in the transfer process. Propose management strategies and recommendations to address these shortcomings and problems, in the respects of establishing sound market, improving the legal system, strengthening supervision, to improve the state-owned construction land use right transfer process, and thus further optimize the allocation of public resources, and suppress corruption.This thesis contains five chapters. Chapter1is the introduction briefly discussing the background, purpose and significance of domestic and foreign research overview of the state, research ideas and methods. Chapter2contains relevant theories introducing the related concepts of state-owned construction land use rights and China’s state-owned land use right transfer system allocated by the state to market-based configuration of the three stages of development, and the positive role of this mechanism change. This part also includes the four types of state-owned land use right transfer, principle, as well as the detailed regulatory status of China’s state-owned construction land use right transfer. Chapter3is the current status of the state-owned construction land use right transfer in Shandong province, emphasizing on the quantity and structure of the state-owned construction land use right and trade market construction. Chapter4is Shandong state-owned construction land use right transfer problem and analysis. Explore the main problems in respects of the main action of transferors, regulatory mechanisms and physical market, emphasizing on the causes analysis of transferor’s illegal action, deficiency of supervision awareness第四章Chapter5is the countermeasures and suggestions of the state-owned construction land use right transfer problem, elaborating on the problems of Shandong on the basis of improving legal system and visible market, and strengthen central regulation functions and multiple supervision. Chapter6is the conclusions, summarizing the principal ideas of this thesis.