Study On Realization Mechanism Of Land Planning Power In China

As China’s urbanization promoting gradually, how to use the land rationally has been getting more attention. So China tries to use the land planning power to adjust the layouts of land use and to prevent conflicts occurring, then to achieve the policy of land use regulation. Faced to the condition of many violations of land use activities, how to use the land planning power correctly and guide land use activities in an orderly manner has become the main tasks of land management. Under these circumstances, we try to study the realization mechanism of land planning power in this paper.After sorting out the historical evolution of land planning power, this paper mainly uses legal analysis method, case analysis method and comparative analysis method to discuss the nature of the right and to learn its realization mechanism. The main findings are as follows:as a public authority which is to prevent the contradictions of land use, the land planning power has a plastic effect on the land property right, and it also has mandatory characteristics with a certain degree of compensation. At present, our country mainly uses the overall plan and the annual plan of land use to implement this power. For the implementation mechanism of this power, it can be divided into three kinds:the bureaucracy, the quota and the privatization. The bureaucracy can achieve longitudinal authorization and power constraints of the land planning power, the quota can achieve horizontal authorization and management, and the privatization can affect the implementation of this power. For the timing sequence of the power’s implementation, it is mainly achieved by the overall plan of land use which makes long-time land management by controlling the position and quantity of land in a cycle time, and by the annual plan of land use which makes short-time land management by approving projects and allocating land, and there are some problems in this timing implementation. As to the integration of space planning authority, it is still hard to realize because there are many problems in the administrative system and the integration technology. In this regard, it can be gradually realized by establishing a unified space planning system to make the integration. Finally, the paper puts forward five suggestions:one is to set up communication channels for different government agencies and to make reasonable centralization or appropriate decentralization; the second is to raise the importance of overall planning and to establish a short-term rolling land use plan; and the third is to develop local land management and to make the dynamic supervision of index; the forth is to improve the evaluation system and incentive system for governments; the fifth is to make the public play role ensuring good government and to improve the legal protection for the public participation.