| Land development system is not a legal system which is clearly defined in law.It is composed of some specific legal systems,such as the national control of land development and utilization,the settlement of land acquisition compensation,and the protection of land development interests.How to promote the sustainable development and utilization of land resources and how to realize the fair distribution of land development benefits are the main problems faced by the land development system in China.The land development right is the core of land development system.However,the research on land development right started late in China.There is no consensus on the ownership of land development right in the academic circle,and there is no clear regulation in legislation.This causes the land development system in China to fall into the dilemma of entity or procedure injustice because the ownership of land development right is not clear.Especially in the development and utilization of rural collective land,problems such as farmland protection,resource allocation and benefit distribution challenge the current land rights system in China.The land development right system of Britain in 1947 was created to solve the problems of land acquisition caused by the urban reconstruction and land development after World War II.The land planning license system,the compulsory acquisition and compensation system and the land development benefit distribution system have been continuously improved in the long-term practice and reform process.Its accumulated experience and profound lessons in the rule of law are worth learning in China And use for reference.Therefore,from the perspective of comparative study,this paper studies and differentiates the similarities and differences of land development system between China and the UK,and provides enlightenment for the improvement of land development system in China.In the discussion,this paper forms the following main points:The right of land development should belong to the owner of the land.The right of land development is a property right separated from the ownership of the land.Although it will be restricted by the state public rights such as land planning and use control,the nature of the property right should not be erased because of the state’s macro-control over the land.Moreover,from the perspective of the evolution of the state-owned system of land development rights in Britain and the private mode of land development rights in the United States,their institutional evolution trend and the dual track mechanism of public law and private law all provide theoretical support and institutional practice for the allocation of land development rights in China.The distribution of land development interests should first respect the interests of the land development right holders.In respect of and protection of the interests of the land owners based on the land development rights,the State adopts the tax method to realize the social return of the land development interests,which is more legitimate and reasonable than the direct participation of the state in the distribution of land development interests.The collective can promote the balance of land development interests among different regions by building the land development right trading market.This is conducive to the realization of rational distribution of land development interests among the state,the collective and the individual,and the promotion of harmonious economic and social development. |
