Research On The Legal Issues About Chongqing Land Ticket Trade System

The land ticket trade system is an important system arrangement in Chongqing city in the process of balancing urban and rural development. The so-called land ticket, its essence is a newly-added construction land index. But accessing the land ticket is not equal to obtain new construction land use rights. At the same time, the concept of ticket transaction is that the land ticket will be traded in the rural land exchange which is provided by the government.The land ticket trade system is a new thing in the reformation of current land management system. We can say both its existence and its working have legitimacy, and the reasons are following:firstly protecting cultivated land is its aims; secondly it did not break through the existing legal framework; thirdly it is dominated by the government. Over the four past years, the land ticket trade system has made important contributions to ease the contradiction between urban land supply and demand for Chongqing city. In this sense, the land ticket system is an effective model which can be used to reform our present land system.But the system is far from perfect. A good many legal issues has been exposed:firstly the local governments are too powerful, and lacking of corresponding restriction mechanism, so the government may abuse its power; secondly there are problems in farmers’ rights protection, specifically it is manifested in two aspects; thirdly because the ticket winning bidder only have few rights, so it can not be able to attract more market players participate in the land ticket trade, and applaud not draw a large audience.Consequently, if we hope the land ticket trade system in good working, we must carry out to improve it from three aspects:firstly we should limit the power of government; secondly we must strengthen the protection of farmers’ rights; the last one is that we should hand much more power to the ticket winning bidder. In this way, we can realize the dynamic equilibrium between the three aspects, and guarantee the land ticket trade system works well.