1 urban land use in China
1. 1 takes up a lot of cultivated land.
With the rapid development of cities and towns, the demand for construction land is increasing. Urban land area is limited, and the growth of land demand is mainly met by expropriation of rural collective land. In the process of land acquisition, a large number of suburban high-quality cultivated land and vegetable fields were converted into construction land. In 2003, the construction occupied 229,000 hectares (3.437 million mu) of cultivated land, an increase of 33,000 hectares (490,000 mu) over the previous year, especially in economically developed areas. A large number of cultivated land has been requisitioned, which makes the limited agricultural land resources in China even scarcer. At present, the per capita arable land in China is only 0.077 hectares, which is less than the world average 1/3.
1.2 Extensive land use
For a long time, China's urban construction has taken the road of extension development, with low land use efficiency and extensive use methods, ignoring the inherent potential of urban land and causing land waste. As an important means for the government to control the allocation of land resources, land use planning has not been paid enough attention, and it lacks scientificity and authority, resulting in poor guidance, planning and effectiveness of land use planning, and it is difficult to play its due role. Many construction projects in cities and towns violate the plan: parks with various names are set up at will; Streets, squares and tall buildings belonging to the "image project"; What's more, a large amount of land in the planned park is idle, and there are cases of early expropriation and late use, and expropriation without use. It also happens from time to time According to the figures reported by various places, there are more than 5,500 development zones and parks in China, with a planned land area of nearly 40,000 square kilometers. In more than 660 cities across the country, plus county towns and other industrial and mining areas, the existing construction land is only 310.5 million km2, and the planned land area of these newly established development zones is nearly 40,000 km2, in other words, it is doubled on the basis of existing urban construction [2].
1.3 The loss of state-owned land assets is serious.
According to some data, from 1987 to 2002, urban industrial and residential development * * occupied an area of about 3.333 million hectares (50 million mu). According to the average1500,000 yuan/hectare (1000,000 yuan/mu), the land value is 500 billion yuan, but it is actually collected in the whole country. The loss of state-owned land assets is shocking, which is mainly caused by the non-market operation of transfer. Some local governments are eager to attract investment, not to improve the humanistic environment and investment environment, but to sell land at low prices. The news of "zero land price" and "one yuan per mu of land" has been seen in newspapers constantly, which has become an effective way to attract investment. Some leading cadres who have gained benefits have the opportunity and excuse to transfer land use rights through agreement or even allocation, resulting in the loss of state-owned land assets.
2 Cause analysis
2. 1 Urban land consolidation is insufficient.
Urbanization is a process in which the rural population and surplus labor force in a certain area gather and transfer to the towns in rural areas and county towns under the impetus of industrialization development and market economy. With the improvement of urbanization level, although the amount of urban construction land has increased, due to the migration of population from rural areas with large per capita area to cities with high utilization intensity, the construction land of rural residential areas will show a decreasing trend. It should be said that urbanization is conducive to alleviating the contradiction between land supply and demand and improving the economic benefits of land use. However, the improvement of urbanization level has not alleviated the problem of occupation of cultivated land by construction, but has greatly reduced the amount of cultivated land in China, which is close to the edge of danger. Among the 2,300 counties in China, 666 counties have per capita arable land below the warning line of 0.05ha set by FAO, of which 463 counties have per capita arable land below 0.03ha/ person [4]. The reason for this problem is, on the one hand, the blind expansion of towns. On the other hand, the expansion of rural construction land and residential areas is also a factor that can not be ignored in occupying cultivated land. At present, according to the highest national urban planning standard 150m2, the per capita land area in rural areas is 177m2, and the per capita land area still exceeds the standard 1.8%, and the national over-standard area is 2.88 million m2.
2.2 defects of the current land expropriation system
The extensive land use and low utilization efficiency in small towns are caused by the blind development and construction of some leading cadres. On the other hand, the defects of China's current land expropriation system have also aggravated the seriousness of this problem to some extent.
(1) Abuse of land expropriation right. Because the definition of "public interest" in China is not strict, the meaning of public interest has been generalized in practice, which gives local governments and land-using units an opportunity to plan their own interests under the guise of public interest. For developing local economy, improving people's living standards and increasing employment opportunities. Whether it is really for the public interest or not, as long as an excuse can be found, all land use projects can enter the scope of land acquisition projects. According to research, among the 200 largest land use projects in a province 1 1 county, there are 42 public welfare projects such as roads and schools, accounting for 21%; Government agencies occupy 10, accounting for 5%; For-profit companies and enterprises 148, accounting for 74%, including 35 real estate projects, accounting for 18%.
(2) The land compensation standard is too low. In the process of land expropriation, collective land is expropriated at a low price and then sold at a high price, which forms a huge profit space and harms the interests of farmers. When Shanghai Pudong expropriated land from local farmers at the beginning of development, it compensated 23,000 yuan per 0.067 hectare (1 mu) for fertile land and 28,000 yuan for vegetable land. After land acquisition, the government only needs to invest 60,000-70,000 yuan to complete the "seven connections and one leveling", that is, after the cultivated land is converted into cultivated land, it can be sold to developers at a price of 200,000-300,000 yuan, from which a lot of profits can be made. It is precisely because of this huge economic interest that the government has repeatedly expanded the number of rural land converted into construction land, and governments at all levels are eager to buy and sell land. It is estimated that since the reform and opening up, farmers have lost at least 200 billion yuan due to land acquisition at low prices.
(3) The resettlement of landless peasants is not in place. At present, most land acquisition units do not attach importance to the resettlement work, fearing trouble, and do not do the resettlement work carefully and in place; However, due to the limitations of their own conditions, farmers have low cultural quality and lack of labor skills, which makes it difficult to meet the requirements of enterprise employment. Therefore, after the limited resettlement expenses are used up, the landless peasants will become new poor households.
(4) Abuse of land requisition compensation. According to the Land Management Law of the People's Republic of China, land compensation fees should be used to develop secondary and tertiary industries in rural areas and should be owned by collective land owners. However, in practice, land compensation fees are often deducted by higher-level governments, or misappropriated and squandered by village cadres, and rarely distributed to farmers.
2.3 disadvantages of the current land transaction system
It has always been our goal to standardize the land market and make rational use of land. However, China's current land transaction system is difficult to achieve the purpose of regulating the market. According to the Land Management Law of the People's Republic of China, there are two ways to obtain land use rights: allocation and transfer, and there are three ways to choose from: agreement, bidding and auction. Although the use of allocated land is clearly stipulated in the law, the huge cost difference and economic benefits contained in the dual-track system lead to speculation and corruption. Even in the case of obtaining land use right by transfer, land users often use various relationships to find leaders who have the right to make decisions and obtain land use right at a low price in an improper way. Looking through the reports on corrupt officials in recent years, we can find that almost every corrupt official is related to corruption in land development. Of all the state-owned land sold in 2000, 95% was sold by agreement, and only 5% was sold by tender and auction. In the construction of land market, why only 5% of the land is sold by bidding, auction and hanging in the operation of market mechanism? This question is thought-provoking. This dual-track system of obtaining land use rights provides space for "black-box operation" and breeds corruption. At the same time, it is not conducive to the formation of a fair competitive environment under the conditions of market economy.
3 Countermeasures for reforming and perfecting the urban land use system in China
3. 1 market integration efforts
As an important measure and way to realize sustainable utilization, land consolidation is of great significance. Urban land consolidation (that is, urban land consolidation) has become an important tool for urban development and construction in many countries in the world. Through urban land consolidation, the urban land layout is more reasonable. By using the merged or reorganized plots, public land such as green space and squares can be increased, or used to widen roads and increase infrastructure, thus improving the land use structure of the urban area as a whole and optimizing the urban environment. In order to improve the utilization efficiency of urban land, rural and mine land consolidation started earlier in China, but the theoretical research of urban land consolidation started later and the practice is only in the exploratory stage. Therefore, while vigorously promoting rural land consolidation and mine land consolidation, the government should increase investment in urban land consolidation and strengthen the research on urban land consolidation.
3.2 Reform the existing land expropriation system
In the process of land expropriation, huge land income has been paid attention to by governments at all levels and has become the second finance of many towns and villages. Therefore, to change this situation, we must reform China's land expropriation system, which can be started from the following aspects.
(1) Strictly define "public interest". Generally speaking, "the need of public interest" should refer to serving the public interest, not making profits. Since it is a public interest, it is not exclusive in the right to benefit. It can be seen that "for the public interest" undertakings or projects should mainly include: land for national defense construction, land for water conservancy construction projects, land for public utilities (including medical and health care, charity, welfare undertakings and education), land for government agencies, land for transportation, land for "affordable housing" and land for other public welfare undertakings. The concept of "public interest" is defined, and the scope of land expropriation right is also defined, so as to control land expropriation projects, and only people within the scope of land expropriation can exercise land expropriation right.
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