Research On Legal Problems Of The Concentration Of Land In China’s Land Banking System

Land banking system is one kind of creative and innovative land systems in China, whose purposeis to enhance the government control of land market by the monopoly of the supply for the primarymarket, therefore, it can make the usage of the land more reasonable. Concentration of landholding isthe important part of land banking system, that includes land resumption, land expropriation and Landreplacement. As the <<measures for the administration of land reserve>> came out, there arecorresponding rules for land banking system in state-level, and it also shows the determination of thegovernment for pushing the execution of land banking system. However, there is no perfect law forconcentration of landholding in land banking system, and also many problems in the current law system.Therefore the purpose of this paper is discussing how to improve the rules about land concentrationbehavior from law and regulation perspective. In order to investigate this issue, several properties ofland concentration behaviors and its corresponding problems have been analyzed from different aspectsof economic law, and the comparison methods have been taken between the homeland and other foreigncountries. The relative complete suggestions have been made.After the further explanation of concentration of landholding in current land banking system, thesituation can be obtained, as the imperfect of the current law system, the contradiction of the legal rules.Some issues come out, as several behaviors of concentration of landholding are coexistence, includingconflict of the role of government, the lack of supervision, dull routine of channel for financing. Thereare also some exclusive problems for china as the punishment for land resumption is too heavy, thestandards for renew the contract after its expiration are fuzzy, there are less considerations of the publicinterests and the compensation is relative low when land is expropriated, and also thecomprehensiveness of land replacement is not good for protecting farm land. Because of the issuesabove, the corresponding experience from Britain, US and Japan are considered, the suggestions forimprove land banking system are given: the better way for the coexistence of different concentration oflandholding in land banking system, including playing a dual roles, establishing supervision system,making use of Market capitalization, and improve the system of financing resource. The thesis alsoprovides several methods for resolving the exclusive problems of China, as it is necessary to considerthe interest of relative creditors when land resumption is done, the public interests should be defined andthe compensation system should be improved when land is expropriated, finally the farm land should beprotected when the land is replaced. All the legal advices above can make the behaviors of concentrationof landholding in land banking system in a better way.