Research About Development Path Of The Land Legal System Under The Binary Classification Perspective Of "Countries-market" In China

Whether the land resource utilization is reasonable,depends on whether the people living on this land can enjoy the property income in this piece of land or not.Land legal system in China is based on the theory of "socialist public ownership" and the logic origin.It requires that the management of land resources absorb the will of most members even all members of the community,and the land use should give consideration to individual interests and public interests.But from the game's of the "governmental powers-civil rights" point of view,our country's land resources utilization system exists "strong power-strong rights" characteristics in the current.The feature in the absence of restraining and adjusting in perfect democratic system and the system of macroeconomic regulation and control,results in land use benefits vulnerable to the land administrative power and the other main market power grab.The distortion of the value orientation of citizens depending on labor to get rich,and the squeezing of the survival and development space of urbanization main body and the migrant workers,cause serious unfair and unreasonable utilization of land resources.Therefore,under the land use characteristics and its harm,this article proposes the development path of the land legal system in China,should enable the exercise of government land management power to be consistent with the "public will" in the largest extent,through the improvement of the democratic process of land use.At the same time,we should improve the state of the real estate market macroeconomic regulation and control ability,reverse current value-added income distribution of "Matthew effect" on the land,and implement the land value-added benefits for community members to share.