Research On The Several Legal Issues Of Land Usufruct Returning System

Land usufruct returning system has been practiced for more than 20 years as an important form of resettlement compensation in China. Landless farmers could share the incremental benefit through the development and management of the retained land usufruct during the process of urbanization, which has solved the problem of low compensation standard during the land requisition and provided significant security for the sustainable development of the affected farmers. In practice, there exists some conflicts between the land usufruct returning system and current laws,including the regulations. We can advise on the issues through the discussion of problems occurred during the process of implementation of the system.This paper consists of three parts, which are introduction、body and conclusion. The first part has introduced the literature review 、 research methods 、 the background and significance of this paper. Some prospects of the land usufruct returning system have been given in the conclusion. The text has been divided into 4 chapters:The first chapter describes the general profile of the land usufruct returning system. To meet the needs of rapid development of urbanization, more collectively-owned land need to be required by the government as a result of the limited stock of the state owned construction land. There are some problems relating to the compensation and resettlement of land requisition, including the low compensation and the failure to share the incremental benefit by the landless farmers. In order to solve these problems, emerge as the times require the retained land usufruct. The main discussion is about the concept 、characteristics、background 、the policies issued during the process of the system development and the function which has been highlighted by the author. The system makes it possible to improve the compensation standard 、ensure the right of participation and knowing the truth of the farmers 、raise the level of social security 、endow the rights to landless farmers to ensure their subsequent development、reduce the disputes generated during the process of land requisition.The second chapter discusses the legal issues that exist in the retained land usufruct. There is no clear application scope and legislative norms of the retention system; The inconsistent regulations about retaining the state owned land or collectively owned land; The conflicts between the layout of the retained land and the regulations on land requisition; The legal status of the organizations that develop and utilize the retained land is not clear, what’s more,the illegal method to develop the retained land lead to the low efficiency; The standard and proportion of the profit distribution are ambiguous.The third chapter discusses the reason the existing issues of land usufruct returning system arising from both the legal point of view and legal norms. Theory of law, land development rights configuration unreasonably in what aspects countries enjoy land development rights independently and collective land ownership were not autonomous to change in land use and can’t be involved in determining the retained land ownership and layout. The principles and criteria of land value-added income allocation are unreasonable, landless farmers couldn’t share the incremental benefit. Due to the lack of a reasonable allocation principles, the proportion of land and income distribution remain uncertain. Regulatory levels, the retained land usufruct rules are not uniform and lack national level guidance norms. State monopoly the land use right market, collective land can’t transfer. The layout of the retained land is not coordinate with existing planning law which leads to land use planning remain elusive. The Planning Act lack of procedural norms which people affected by the plan participate in planning.The forth chapter discusses the amelioration of the retention system. After discussed the agriculture land development right and rural constructive land transfer, the author affirmed the farmer’s ownership of the retained land. The proportion of the retained land should be determined by the land value increment and the distribution. By protecting the farmers’ right of participation and redefining the function of legislatures to ameliorate the layout of the retained land. Through making sure the farmer’s stock right of the collective assets to address the issues about the distribution of the land profit. The existing system of retained land is mainly adjusted by government regulatory documents whose little legal force and poor stability make it impossible to be consistent with the current land system. By defining the public interest in the retained land and strictly limiting the scope of land acquisition to establish the legal approach to obtain the non-public interest land. The scope and object must be affirmed in the land management policies to address the issues about the land layout, meanwhile, the agriculture share cooperative need to be established to define the organizations to develop the retained land.