Disscusion On The Perfection Of Land Banking Legal System Of China

Land banking system has extremely important status in our country, is directly related to the interests of local government finance. With the problems of development process of real estate market in recent years, the land banking system is pushed in the teeth of the storm. Should the land reserve system be abandoned? How to improve it? In such a context, this article studies and analyzes how to perfect land banking system in law.First of all, this paper researches the background and resent perspectives about land banking at home and abroad, introduces some representative of theories of the land banking system, put forward specific objectives and methods of this research. Then, the paper starts to research the basic problems of land banking, reviews the historical development of the land reserve system in China. For the arguments that whether’land reserve system should be abandoned or not’, this article proposals its own point of view from the economic value of land reserve system, which we should continue to keep this system. But we must admit that land reserve system do has many problems in practice, on the research of a typical case, this article reveals the system’s complexity in actual situation then goes a step further to analyzes the defects of existing land reserve system. For correcting them, this article studies the advanced experience of land banking legal system in extraterritorial. Finally, this paper studies problems of perfecting land banking system in legislation. After analyzing the defects of the existing land banking system, this paper proposals some suggestions to solve these defects, including improving the land reserve of legislations,clearing the land reserve agencies’duties and obligations,emphasizing and specifying its public function; Establishing the external supervision as the core mechanism of supervision system, the supervision system should include a scientific and objective evaluation system, in order to evaluate the performance of land banking agencies; Limiting the scope of land that could be reserved; and the property rights of collective land should be returned to farmers.