Study Of Paid Use Of State-allocated Land

Land rights are crucial in the Property Law, at the same time, they and the relatedsystems have been the focus and difficulty of the study by Chinese scholars. With thedeepening of market economic system and land resources market-oriented reformsgradually entering blissful circumstances, people have come to realize that a largenumber of non-market allocated land use rights seriously impede economicdevelopment. In addition, a waste of land resources, low utilization and popularity ofthe invisible land market，to varying degree，have produced already. This article,focused on the keyword of state-owned allocated land use right, with the basis onstatus and defects of free allocation and two-track, discusses in detail the reasons,significance and means of implementation of compensated use system which iscarried out in this area. The purpose of the author is trying to establish and improvethis system to adapt it to the pace and development of China’s reform and the marketeconomic system.In the first place, the article starts with the research of history, to restore thebackground of state-owned allocated land and introduce the free use system whichaffects allocation more than30years. By means of the analysis on status about freeuse system, the author comes to a conclusion that shows this system can’t suit tomarket economic development. The system of compensated land use can beestablished after the reform and opening up, on the contrary, allocated land use righthas been pursuing a "dual track". Such a confused situation of the land market is notconducive for China to establish a unified land market order.Moreover, the author analyzes the theoretical basis of implementingstate-owned allocated land compensated use system from several angle, includingeconomic theory, legal theory and foreign legislative practice, and achieves threeimportant conclusions. First, the allocated lands should apply compensated use system.Second, the prerequisite of implementing the forgoing system is to divide allocatedlands into two parts, namely, operating allocation land and public service allocatedland. To the former, it should be suited to compensated use system. Correspondingly,it should be applied free use system to the latter. Third, it is supposed to learn fromthe differential rent theory in economics for operating allocated land entering themarket, and we ought to have a correct understanding of the standard about chargingthe land premium. Furthermore, the author attempts to analyze provisions about allocated landcompensated use system in China’s existing laws and regulations. Through thecomparison of several ways which consist of charging urban land use tax, assignment,mortgage, lease, the pricing of shares, the author eventually comes to the best way outfor operating allocated land to implement compensated use system is to graduallytransfer. The author designs the steps of the best way, and discusses the twodifficulties, involving the definition and calculation methods of land premium.Finally, the author contends that the compensated use system of allocated landuse rights should not only be ahead in theory, but also should be coordinated andimproved in many aspects, such as respecting history, improving legislation, fosteringland use market and perfecting the supply plan of public service allocated land, and soforth.Comparative study, historical study, law and economics analysis, and empiricalanalysis are applied in this paper to make theoretical analysis and reasoning. Theauthor, constructing the above compensated use system of allocated land, tries tomake the system logical so that rationality and maneuverability are flooded with everydetail.