The Research On PPP Project's Land Circulate Dilemma And System Improvement

Land is the premise and foundation of the PPP project's smooth implementation,the specification of the land circulation is the inevitable requirement of sustainable operation of the PPP projects.it is an important guarantee for the interests realization of all parties connect to the cooperation,and it is the mean about normal running of state-owned land market.However,compared with the traditional state-owned construction land circulation,land circulation of PPP project has complexity and particularity,the current land management rules has been difficult to apply PPP project,therefore,it leads to many difficulties in the process of PPP project's land circulation.It is embodied in the following four aspects:First,In terms of the circulate objects,there are some problems such as the difficulty of operating land in matching the PPP project,and the single type of land rights,and the unclear definition of the right to use the underground space.Second,In terms of the circulate mode,the current land circulate mode cannot meet the demand of the PPP project,and it will bring the risk of illegal violation when breaking through the circulate mode of the existing institutional framework.Third,in terms of the circulate procedure,it is difficult to combine the procedure to choose the land user and private party through competitive means.Fourth,in terms of supervision and regulation,information is not available and public participation is too difficult.The lack of supervision and regulation lead to the formalism of circulate procedure,the lower price and the illegal disposal of land circulate revenue.The PPP project are numerous and huge investment,it involves a large number of circulation of state-owned construction land.Improving the existing land circulate rules and promoting the cohesion with the PPP mode is the key to regulate the circulation of state-owned land market.The improvement of land circulate rules should consider the following four aspects:One is to the land circulate object clearly to safeguard the rights and interests of all parties,it can through the way of improving rules about matching between operating land and the PPP project,buliding system named three division of construction land,improving the system of underground space rights.Second,to standardize the primary land market circulation through improving the land transferring,leasing and other systems,to standardize the secondary land market circulation through improving land mortgage and the investment system.The third is to standardize the land circulate procedure by improving land circulate registration and improving the "merge implementation" system.Fourth,to improve supervision and regulation system to avoid procedure formalization and the violation risk of revenue return.