Transfer Of Collective Land Use Right And Reform Of The Land Control System

The land control system in our country can be divided into land-use control and the control on transfer of land rights.The land-use control 1s realized through Land Use Plauning,Annual Land Use Plan,Examination and Approval System for Land Conversion.The control on transfer of land rights directly restricts the transfer of certain types of land into the market through legislation.Many problems can be found in the China's land control system.The system's essence is against the land market,leeding to the mistake and the low efficiency in the land allocation structure,further more,it can provide the space for power rent-seeking.In addition,the progress of planning and regulation is closed,they lack scientific and democratic nature,and are unable to respond to the interests of multiple subjects.This not only hurts the interests of farmers but also creates universal violations.To reform the current land control system,we must first make clear that planning and regulation must be based on the market from legal system.,allow the market take care what it can handle.Break through the closed procedures of planning and regulation,introduce democratic participation,and formulate unified land on the basis of respecting the market.Planning a legal system to promote the rule of law in land use planning.Improve and amend the content of Article 10 of the Constitution to avoid the risk of unconstitutionality in the draft amendment to the Land Administration Law.In order to establish a land control system which is suitable for China,We can reform the existingcurtilage system through the“Separation of powers,and learn from the transfer of state-owned land use rights to reshape the transfer of the use of curtilage.Secondly,we must legally confirm the property rights of collective land use rights and formulate the conditions and procedures for the transfer of collective land use rights.Thirdly,marketization reform should be applied to system of converting agricultural lands to another use,that is,agricultural land development permit.The "land ticket" system shouled be implemented nationwide.Finally,establish the basic standards for the conversion of agricultural land,divide them into general standards and partitions standards.Besides obeying the general standards,classifying land according to the land quality,and different transfer standards are implemented according to different land levels.