Application Research Of Land Development Right In Land Use Regulation

Our country is now in the period of urbanization with rapid speed, gradually leading to the pattern of interests diversification mode, at the same time, the development and utilization of city land contradiction and agriculture between land use and ecological environment protection is becoming more and more prominent. On the one hand, people realize that, control of agricultural land is occupied, the intensive use of urban land, ecological environment protection, is to achieve food security and sustainable development strategy security; On the other hand, in the process of land development and utilization, the land use is different and has led to land the benefits of different, and therefore aroused the interests contradiction of land use. This suggests a need in our country to establish a new land property land development rights to solve various contradictions in land use.Based on the externality theory, property rights theory and government regulation theory, this paper released the regulation of land utilization under the land development right, namely, the goal of China’s land use regulation, the effect on the implementation of land use regulation and the problems of land use, the relation between land use regulation and land development right.This paper takes the status of land use regulation in Kaifeng city as an example, collecting Kaifeng land change data in nearly a decade. With graphs, charts showing the status quo in the form of land-use and intuitively Kaifeng and various land types decade trend of dynamic change, it draws the land development right and the land use regulation problems from the following four aspects: Land development right and the protection of cultivated land, Land development right and construction of land land expansion, Land development right and land use structure optimization, Land development right and land ecological environment protection. Then it carries on the analysis from the perspective of development, and seeks solutions. The strategy also carries on the narration from four aspects: put forward the land development rights from property rights and legal point of view, to strengthen the protection of arable land, to solve the contradiction of contemporary people from the land development right; restriction on land use as a starting point, strictly control the scale of construction land; the implementation of dynamic land use planning, rational allocation of land resources, the implementation of land development right is an effective means of land use planning to implement dynamic; once again put forward the development right from property rights and legal point of view, to protect the legitimate rights and interests of farmers of the objective, and the realization of social economic and ecological balance of the environment from the viewpoint of development. This leads to the necessity: in the creation of land development right in China, and it has very important theory meaning and realistic meaning.Finally, it designs a set of line with China’s basic national conditions of land development right system. It analyzes the feasibility in our implementation from the legal, institutional, reality three aspects. It introduces the land development right’s operation mode of three country, which contains the British and French and US. It uses the method of comparative study, expounding their similarities and differences, seeking for reference can be used in China’s land development right system. This model is divided into three levels: the first one is the macro allocation of land development right, it mainly transfers between central government and local government, local government, the transfer mode is a combination of the actual situation in the region, through the game between the government, to determine the division of indicators, reflect to be fair, voluntary, paid principle; the second refers to the me so allocation of land development right, it mainly transferred among country, township government, the transfer process is mainly completed through land use zoning, embodying the economic compensation principle; the third refers to the micro allocation of land development right, it is through the change of the land use, the specific conditions and circulation, with the price of the land development right evaluation as reference.