Study On The Legal System Of Administrative Allocation Of Construction Land Index

Construction land is an important place for all human non-agricultural activities.The effective supply of construction land is an important guarantee for the sustainable and rapid development of China's economic construction.Since the reform and opening up,the process of China's social industrialization and urbanization has continued to advance,but because extensive economic growth has always existed,land resources have been seriously wasted.The expansion of towns and industries continues to occupy high-quality agricultural land on the edge of cities.The contradiction between the rigid demand for the rapid development of social economy on construction land and the scarcity of cultivated land resources is becoming increasingly acute.In order to solve the disorderly and rough state of land use,reasonably control the expansion scale of construction land,and protect the cultivated land resources,the central government began to strictly control land use.The land and resources administration department controls land use by formulating overall land use plans and annual land use plans,and uses districts and indicators to convert the area of new construction land every year into quantifiable indicators.Macro-control of construction land indicators controls the maximum scale of construction land area.The construction land index is an important lever for the country's macro-control of land resources,and it has important strategic significance for social and economic development and protection of land resources.Affected by the planned economy and the scarcity of land resources,China's current construction land index implements an administrative allocation system.The government's reasonable intervention in the allocation of national resources and the theory of public interest are the theoretical basis for the administrative allocation of construction land indicators in China.In the process of administrative allocation of indicators,the legal features such as public power dominating,the macro nature of the allocation process,the closedness of the allocation process,and the orientation of the allocation purpose are shown.The central government has the power to regulate and control the allocation of construction land indicators.According to the regional economic conditions and land resource endowments,it formulates overall land use plans and annual land use plans.It distributes construction land indicators to local governments layer by layer,and implements administrative directives for the allocation of indicators.management.Local governments are responsible for the implementation of indicators within their jurisdictions.At the beginning of the implementation of the system,the speculative and disorderly situation of the land marketand the rapid shrinkage of cultivated land area were effectively reversed,and the scale of construction land was reasonably controlled.However,due to the strong planning of the administrative allocation of indicators,the trend of "more than rigid,insufficient flexibility" gradually appeared in the allocation process,and the quotas of indicators did not match the objective needs of local construction land.In the actual operation process of the construction land index administrative allocation system,the system defects began to appear,and a series of legal problems occurred,specifically as follows: First,the laws and regulations on which the allocation of indicators are based,the system is chaotic,and the allocation of indicators There are contradictions in different plans,and the basis for index allocation is chaotic.Secondly,the main body of the administrative allocation of construction land indicators is deviated.The central government has the highest authority to compile construction land indicators,and the control of local indicators is too centralized.The responsibility of local governments is absent,and the indicators are abused,driven by benefits and performance."Approved but not provided" and illegal land use are frequent.Third,the object allocation and decomposition of construction land indicators are unreasonable.Vertical allocation of indicators focuses on incremental management and control,resulting in total out of control;horizontal allocation,administrative instructions are too rigid,and the ratio of indicator allocation between urban and rural areas and between regions is unbalanced.Fourth,the construction land index allocation method is jigly based on traditional administrative instructions.In recent years,there has been an exploration mode of market allocation,but the two allocation methods are not connected.In order to make up for the shortcomings of the administrative allocation system of construction land indicators,some regions have introduced market mechanisms in the field of construction land indicator allocation exploratoryly,presupposing the regional circulation of adjustment indicators through market factors such as competition,prices,and supply and demand relationships to solve the problem of rigid administrative allocation of indicators To optimize resource allocation.But it needs to be clear that the indicators of administrative allocation and tradable indicators are not the relationship of who replaces them.The ultimate pursuit should be coordination and interaction,and the two tracks run side by side.The market allocation model of construction land indicators is still in the policy exploration stage and needs to be continuously improved.The development of market allocation is inseparable from the role of the basic system of administrative allocation.Therefore,on the premise of in-depth exploration of the indicator allocation system,it is of sufficient practical significance to put forward suggestions for improving the indicator allocation system.According to theproblems in the operation of the legal system of construction land index administrative allocation,this article puts forward the following suggestions for improvement: First,the government needs to build a land space planning system and improve the relevant legislative work on the construction land index allocation.The allocation of indicators provides a unified basis for the sign.Second,governments at all levels should clarify their powers and obligations in the allocation of indicators,rationally adjust the central government's authority to compile indicators,and implement the responsibility and obligations of local governments.Furthermore,the competent department of indicator allocation should construct a “total control + differentiated management” mechanism for the allocation of construction land indicators to provide a reasonable basis for the vertical decomposition and horizontal allocation of indicators.Finally,give full play to the dual role of planning and the market,and promote the coordinated operation and healthy interaction of the indicator market allocation and administrative allocation.