The Reflection And Reconstruction Of Land Reserve In China

Land reserve in China has been in operation for16years.Although it plays a positive rolein deepening our land use system reform,promoting urban renewal and the restructuring ofstate-owned enterprise, etc., in practice, many problems are exposed, which calls the validityand legitimacy of the system in question.Starting from the operation situation of land reservein our country,this paper trys to analyze the existing problems and the causes in detail, andreconstructs our land reserve system on basis of the reference of experiences from foreignland reserve system.This paper is composed of four components. The first part focuses on the analysis ofoperation situation of our land reserve system. Firstly, it reviews the background of our landreserve system.Seconedly, it inspects the specific objectives and tasks of our land reservesystem from the existing laws and regulations.Thirdly, it makes a comparative analysis ofthree kinds of typical models in operation practice. Finally, it investigates the legislationsituation of our land reserve,and tries to point out the deficiency in legislation.In the second part, this paper mainly reveals the alienation of land reserve system in theprocess of evolution,and analyzes the process of alienation from three aspects including theland reserve’s main body, the object, the way,then further analyzes the cause of thealienation. The performance of dissimilation contains three aspects.The first one is thealienation of the main body, the role of local governments in land reserve and the function ofland reserve mechanism both deviates. The second is the object of land reserve continuouslyexpands from urban stock land to incremental land, threatening the protection of cultivatedland. The third is the alienation of the way, land reserve institutions seek the interests of thegreat difference of land value through acquiring land by low cost and sell land in high price.There are two main reasons. The tax reform and China GDP as the key assessment standardof official achievements jointly stimulate the local government "to ask formoney".Meanwhile,our current land management system and urban land property rightssystem make it convenient for local government to participate in the land market.The third part of this paper investigates the practice condition of several typicalcountries such as the Dutch, France, Sweden, South Korea.The object includes two contents:one is the goals and tasks of foreign land reserve system; The second is the measures andmeans of these countries to guarantee the realization of the objectives and tasks. The revelationincluding the following: firstly, the complete legal system of land reserve canguarantee the right direction of practice; Secondly, the target location of land reserve shouldemphasis on public welfare; Thirdly, the countries mentioned above all take some importantmeasures to guarantee that the target of system can be really realized and prevent landreserve from dissimilation; Finally, the diversified financing ways ensure that land reservehas plenty of money as a backing.Based on the research in the above three parts, this paper puts forward the idea ofreconstructing land reserve system in China, and furtherly puts forward the basic thoughts ofreconstruction,that is,adhering to the public welfare positioning of system, according to theprinciples of enhancing the government macroeconomic regulation and the rationalutilization of land resources, land reserve shall be modified.The system after reconstructedshall consist of five aspects,including the goal orientation, the subject and object, the ways ofland reserve and the supply of reserved land.