| The land reclamation is an important way for people to develop and utilize marineresources. Many coastal countries in the world use it to expand their living space andproduction space. China has long history with land reclamation. After the founding of thePeople’s Republic of China, our country had experienced four major land reclamationwaves. But for a long time, because of the waters and the land belong to differentadministrative departments in our country, and the relevant law system is relativelyindependent, the lack of effective convergence, leading to the existence of gaps in themanagement process into the sea and the land. While the Guangdong Provinces animportant coastal province in our country, its land reclamation management with thebenchmark for others coastal provinces. Therefore, to do a research for Guangdongprovince’s land reclamation management system and analyze its problems to find thesolutions is very important.This paper first analyzes the status of Guangdong Province’s land reclamation inrecent years and research in the related policy system, the reclamation managementapproval process, so we can have a basic understanding of the current situation and themanagement system of Guangdong Province’s land reclamation. Through the study above,this paper found that, according to the current management of land reclamation,Guangdong province ask the project of land reclamation need to change the sea use rightcertificate to the land use right certificate. Otherwise, the project can’t finish thepost-construction. Furthermore, when the renewal of land use certificates, Guangdongregulated the operating land reclamation projects need to get through bidding, auction andother public transfer ways to get it. This paper argues that this kind of management modelexisted the issues such as approval process is repeated, low administrative efficiency andharms the interests of sea units. Meanwhile, the paper argues that the pilot is currentlybeing implemented in others coastal provinces witch called reclamation "through train"policy---by allowing the construction of sea reclamation project with using the sea useright certificate directly to finish the basic construction, can effectively solve the existingproblems of Guangdong’ land reclamation management system. The innovative policy “though train” is now on pilot phase. There is no formalrequirement in our laws and regulations for this policy. So the fourth chapter of the paperconducted a feasibility study of the policy, which of the following two aspects: First, studythe involving management policies of land reclamation, from the positive and negativeaspects to prove the "through train" is not only in line with the legal requirements, but alsoplay a beneficial thing to inherent the use of the sea use right and an important measure toimprove the administrative efficiency. Second, do the research with the proceed of thesea use right and land use rights, and compare the demonstrated of using sea, thecompletion of the sea reclamation and acceptance, pre-construction land and the reportshows of the construction land to find the similarities and differences between the foursectors. Through the research, this article has the view that the Completion and acceptanceand the land reclamation projects reported two links are not only similar in the content andrequirements, but also in can be convergence effectively in the procedure. Accordingly,fund the he feasibility proceed for "through train" policy.Meanwhile, the paper in the fifth chapter analyzed the coastal provinces which haspractical reclamation “though train” policy, such as Zhejiang province and Hebei province,in order to study their practices and experiences. At the same time, this article also use theearliest reclamation "through train" policy of Leqing city as a case study, to study thebackground, the policy, the practice and the actual effects of the “through train” to findthe empirical evidence for Guangdong province.Finally, this article under the guidance of the Government Process Reengineering andfrom the acquiring the right way, the project approval process, the responsibilities ofdepartments and other aspects to concept the reclamation “though train” policy ofGuangdong Province. At the other side, this article made the suggestions, such as soundlegal system to protect and strengthen departmental communication and collaboration,strengthen sea use rights management and standardize the construction of development tomake sure the smooth implementation of the “through train” policy. |
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