Research On The Legal Issues Of Auction And Transfer Of The Right To Use State-Owned Land In China

Since the reform and opening up,China's state-owned land use right transfer system has been improved day by day,and the transfer method has become more diversified.The three methods of bidding,auction and listing of state-owned construction land use rights were gradually pushed across the country.Three market-based competition transfer mechanisms were introduced through bidding,auction and listing,which fully reflected the value of the land market and increased the local government revenue.At present,the auction system for operating state-owned land use rights has been basically implemented in the country,and the proportion of auctions of operating state-owned land use rights has increased year by year.The auction as a market-oriented means of allocating resources makes the use of state-owned land as a scarce resource.The value is fully reflected.However,so far,the state-owned land use right auction and transfer system has not yet formed a complete legal system,lacking uniform and effective laws and regulations to regulate land auction behavior,and the definition and disposal of land auction scope,process,and improper auction behavior are still lacking in various regions of the country.Clearly defined.In the practice of land auction,some problems have also been exposed.For example,some local leading cadres use their own administrative powers to specify the target of land supply,location,area,price,and even directly specify the bidder and auction transaction price.In the process of auction and transfer of state-owned land use rights,the bidders,the government,and the auctioneers collude with each other,and the situation of lowering the land use right by means of establishing an offensive and defensive alliance to obtain the illegal interests sometimes occurs;The irrational competition has pushed up the rapid rise of land price and seriously deviated from the true value of land and housing.This series of problems has largely undermined the healthy development of the overall system of paid use of state-owned land use rights,so it is necessary to The problems in the auction of state-owned land use rights were studied and improved.This paper analyzes the design and practice of the existing state-owned land use rights auction system,points out the shortcomings in the existing state-owned land use rights auction,and proposes suggestions for improving the auction system for state-owned land use rights.This article is divided into three parts:The first part,the introduction.Briefly summarize the research background,research significance and related research on land auction at home and abroad for the auction of state-owned land use rights.The second part is an overview of the auction system for state-owned land use rights.This part is mainly to clarify the concept of auction and transfer of state-owned land use rights,to sort out the historical evolution of land auction system in China,and to analyze the legal nature of land auction.The third part is about the issue of the auction system for state-owned land use rights.This part elaborates and analyzes the problems existing in the auction and transfer of state-owned land use rights from the aspects of theory and practice.It mainly takes the legal system,auction subject,supervision system and auction motive as the starting point,and deeply analyzes the cause of the problem.The fourth part is to improve the auction system for the transfer of state-owned land use rights.This part mainly aims at the problems and causes,and proposes countermeasures from the aspects of construction of legal system,improvement of evaluation mechanism and innovation of auction system.