On The Regulation Of Land Use Change

Regulation of land use change is the core of land use regulation. Accompanied by the wealth flows, the process of land use change control is not only the application of the administrative power, but also a limitation to land use right and a control to value-added benefits’released on the timing and direction angle in the process of land use change. The current land use change control system implemented in a administrative approval with reviewing cases, which emphasized that the government is a regulator and it has the regulation power,but the process neglect the land property’s transaction and flow.In the practice may be resulted in asministritive inefficiency, and there is a risk that the government will abuse of power. It not only can’t protect the land property rights fully, but also can’t distribute the value-added benefits between the property owners in a fair way. The perspevtive of the article is to make administrative discretion right standard and protect the right of acquisition of interests in land use change,and the orientation is to strengthen market regulation duiring land use change.by using the experience of the United Kingdom development permit system, pushing the reform of Chinese regulation of land use change system and exploreing the interaction between government intervention and market negotiation in the process of land management, and also to achieve the purposes of regulaotion system reform,which can setsup the integration of urban and rural land market and can protect the arable land,and protect the land property rights fully, and develop the land value rationally and distribute the interests fairlyBesides the preface and conclusion, the article contained four parts:The first part is the theoretical basis for the regulation of land use change system. Through the administrative discretion theory to illuminate the legitimacy and problems of the government regulation of land use rights; It reveals that the condition of property rights’ original given and the application condition of property rights’protection rules in land use change control system, which emphasized the necessity of property protection, considering elements such as transaction cost, efficiency, the solution of externalities, the wealth distribution fairness to compare the three rules using the property rights protection theory.The second part is combing the current land use change regulation system. At first,arranging the main legislation that is related to the regulation of land use change system based on land use classification.At second,summarizing the basic framework of our land use change control system based on a comprehensive analysis of the land conversion approval conditions and procedures for examination and approval, and we can see the features and defects of our land conversion approval system that exists three main problems:firstly, the position of government’s role is fuzzy; secondly, the system itself has problems, such as the unclear approval scope and approval conditions; thirdly, property rights’protection is not sufficient.The third part is the comparison of British planning permit system and our land use change control system. This part states the evolution of planning permit system in England and then introduces the British planning permit system, based on the comparison between British planning permit system and our land use control system, we can summarize the experiences that combining the government regulation and the market consensus, clearing the scope of regulation, and resolving the externalities by negotiation.The fourth part is improving the land use change regulation system. This part focuses on the double objects that standardizing government authority and protecting land property rights, the article puts forward three proposals:1. making clear the role of government;2.determining the scope of regulations and creating the standard of "one principle and one exception" standard,;3.establishing negotiation mechanism to pretect land property rights and resolve the externalities.