On The Perfection Of The Land Reserve System In China

Since the trial of land reserve system in Shanghai and the establishment of land reserve organization in1996,the land reserve system,as a means of land management,played its role in the government macroeconomic regulation in controlling the land market,promoting steady reform of state-owned enterprises,optimizing the land resource distribution and improving the function of land resources potential value.This system has come to its twentieth year,hitherto,and the initial background has been entirely different from that of today.The original local pilot was to solve the problems of "free,unlimited and free circulation" in the long time of our country's land use and to change the conditions of low land utilization rate and low land status price in the transitional process of the planned economy to the market economy.After a twentieth year development,experiencing pilot,initiatory development and gradual popularization,the land reserve system has become an important.land management system for the local govern.In the meanwhile,the reserve system is being improved and standardized continuously.with the enactment of relevant laws and regulations.However,the positive effects it brings cannot hide its extent problems.The problems are from the initial contention of approval and opposition,to the proposal of "four questions" on the current land reserve system.submitted to the Standing Committee of the National People's Congress by the lawyer ZXK,to the various viewpoints of the alienation of land reserve system,and to the problems in institutional level reflected in its practice,especially the legal regulations on the system,the status of the land reserve institution,the chains of land purchase,storage and supply,and the management of land reserve funds.Land Land reserve system is also experiencing the challenge and test.Therefore,on the basis of deepening the land reserve system,through the analysis of the problems existing in it and the combination of relevant experience in other HK and other countries," take the benefit and conceal its fraud",this essay aims to offer better theoretical basis and suggestions.Apart from intro and con,there are other 4 parts in this essay.Part one is an overview of the land reserve system in China.Firstly,it introduces the concept and characteristics of China's land reserve system as well as the theoretical basis for the construction of land reserve system.Secondly,it presents the current legislative situation of land reserve system in China.Finally,it comes up to the sign in improving this system.Part two is about the introduction of overseas land reserve system and its inspiration Through some typical examples,such as Holland and Sweden implementing state-owned land system,France and the USA implementing private ownership of land,and Hong Kong's specific leasing system,this part reflects the different development of the land reserve system in different countries (regions).so as to provide better experience and reference for China.The third part is about the existing problems of land reserve system in our country.The practice is complex because of its involving in extensive links.Thus,from the perspective of rules' imperfectness and system's disadvantages,this part comes up with five main problems which we are facing now.Firstly,the relevant regulations are incomplete and lack for the support of upper law.Secondly,the status of the land reserve agency is not clear.There isn't a uniform regulation of its legal nature,duty and authority,which impedes the formal operation of the agency.thirdly,the provisions of the land purchasing and storage are unreasonable.The early development of land lacks for a standard system.Meanwhile,the low price of land reserve tampers with the legitimate rights and interests of the taxpayers.Besides,it's harmful to the land market for the government to expand the scope and scale of purchasing continuously.Fourthly,the land supply system is unreasonable,especially for the excessive use of land transfer listing and auction,which pushes up the price of the real estate market indirectly.The last section is about the management of land reserve funds.It lacks for strict budget and final accounts management.Furthermore,phenomena of illegal land transfer payments and misappropriation are frequent,and the risk of land reserve debt is heavy,both restrict the development of local economy.The fourth part is about the suggestion of improving the land reserve system in China.Through analyzing the extant problems of China's land reserve system and drawing lessons from the overseas experience and enlightenment,we want to come up with some relevant suggestions.In the first place,it's necessary to establish a set of unified land reserve laws,which should be in coordination with other regulations.This essay combined the results of the academic research in recent years with the practice experience of land reserve system and the changes of legal policies in China,and joined my personal suggestions on the improvement of the land reserve system.for one thing,some issues on the field of land reserve system are wide and representative,while in this field,relevant topics are inadequate.for another,due to the limited academic level and essay's length,there are other problems not being discussed in depth,some suggestions may need to be improved in words expression and system construction.I'm looking forward to criticism and opinions from teachers and readers.