A Study On The Construction Of Land Development Right In China

With the development of economy and society,industrialization and urbanizationis advancing rapidly,the use of land is more in depth,private development of land become a real problem.The development interest arising from the change of land use has gradually attracted people's attention.The Land Development Right came into being in England.The Land Development Right comes from Land Ownership,it concerns changing the land use and raise of land use intensity.The Land Development Right is one of property rights in land;it can be separated from the land ownership and can be disposed separately.After the system came into being in England,many institutional achievements have been derived in American and France.In particular,the Transfer of Land Development Right and Purchase of Land Development Right in American have had a good institutional effect.Although the foreign Land Development Right is not a direct reference for us,it has theoretical reference significance for improve land use planning and distribution of land value increment.There is no direct rule in China's legal system currently,but in our land use process,many places using the idea of Land Development Right direct or indirect to carry out institutional innovation.In Chongqing,Land Indicators is come from the reclamation of the homestead and can be trade in the rural land exchange.Virtually,Land Indicators is reduction and transfer of the Land Development Right.In addition,trading income of the Land Indicators reflects the compensation for farmer's development rights.Zhejiang province is facing a serious shortage of construction land index,the commutation indicators,the reclamation indicators and the replacement retention land make a important supplement,solve the contradiction between the great land for urban land and the scarce index.Further more,by means of transship the commutation indicators,balance of cultivated land between different areas and supplement of cultivated land in different areas.The regulate use of construction land index between developed areas and underdeveloped areas is achieved.That's the equivalent of the Tran-regional transfer achieved the Land Development Right.Solved the problem which caused by rigid construction land management system.The land expropriation in Xiamen is simultaneous with the old village reconstruction,on the basis of land fructose returning,increase the operating income of farmers,guaranteed the development of land-lost farmers.China's land utilization problems are as follows:In the process of collective land expropriation,the compensation standard fails to guarantee the land development rights and interests of land-lost farmers;Farmers in remote mountainous have been unable to share the land development interests with the task of protecting farmland.The dividend of the most stringent land usage regulation system has been exhausted;Land use is not intensive and efficient.Land rights system which contains the nationally-owned land use right?use right of collective land?contractual right of land and rural homestead right of use is complicated and multifarious.The stem reality and local practices explains that structure the Chinese style of Land Development Right is necessary.The theory of Land Development Right will be a new path to crack the puzzle of the interests on land.Configuration of Chinese style of Land Development Right includes following aspects:we should insist the development right in nationally-owned land be turned over to the country;Recognize the development right of collectively-owned land,and land expropriation should be compensated by market price;realize the share of land increment income through taxation.By means of transfer the Land Development Right through market trading and necessary planning control,land use planning will be better.Through the purchase of Land Development Right to realize the public interest such as fool security and environmental protection.Because of the benefit incentive,and the purchase of Land Development Right could make up for the failure of strict land use control;a more reasonable land-use planning will come true.Construction of market-oriented transfer of Land Development Right will take the initiative to meet the land use demand.And it will gradually replace the rigid construction land management system.To be specific,conduct experiment about the transfer of Land Development Right and the purchase of Land Development Right in pilot areas,publicize the experience when condition permits.The distribution of the land value-added revenue should stick to the principle of fairness and efficiency.Give consideration both nation?collective and individual in the process of land income distribution pattern.