I. Reform of urban land ownership:
Definition of Property Rights and Preservation and Proliferation of Land Assets1Before 949, the land in China was basically under private ownership. Due to the underdeveloped commodity economy, the number and scale of cities are relatively small, so the proportion of urban land in the land area is very small. However, a small piece of land is also scattered in the hands of government bureaucrats, feudal landlords, national industrialists and businessmen, self-employed, urban residents and foreigners. After the founding of New China, the Chinese government vigorously promoted the nationalization of urban land;
(1) Confiscate the land of foreigners, feudal landlords and the Kuomintang government in the city and force it to be owned by the state;
(2) nationalize the urban real estate of private industrial and commercial enterprises, real estate companies and real estate owners by means of redemption, state leasing, public-private partnership, etc. (which is mandatory, unequal and time-limited); Exam big land appraiser website
(3) Transforming rural non-state-owned land into state-owned land at a low price through land requisition for urban construction;
(4) Declare that all urban land is owned by the state in a constitutional way, so as to complete the free transfer of a small amount of land owned by collectives and individuals within the city to state-owned property rights.
From 1949 to 1982, the central government vigorously promoted the policy of nationalization of urban land, which fundamentally changed the property right system of urban land in China and finally formed a single state-owned property right structure of urban land. This form of land ownership is basically consistent with the ownership of the entire means of production. To some extent, it has laid the most important material foundation for the country's capital construction and political stability. However, with the development of the times, this single form of land ownership has gradually become a restrictive factor for economic development and urban construction.
1982 the constitution of People's Republic of China (PRC) stipulates: "the land in cities belongs to the state, and the land in rural areas and suburbs belongs to the collective, except that it belongs to the state according to the law. Homestead and private plots also belong to the collective. No organization or individual may occupy, buy, sell, lease or illegally transfer land in other forms. " However, in 1987, the Shenzhen municipal government transferred the first commercial land use right in China by directional agreement, and then transferred the land use right by public bidding, auction and hanging. 1990, the State Council issued the Provisional Regulations of the People's Republic of China on the Assignment and Transfer of Urban State-owned Land Use Rights, which clearly stipulated the assignment, assignment, lease, mortgage and suspension of land use rights. 1998 passed the revised Land Management Law of the People's Republic of China, stipulating that the construction unit shall acquire state-owned land by means of transfer and other paid ways. Exam big land appraiser website
If the transformation of urban land from private ownership to state ownership is a historic turning point or revolution, then the transformation of urban land from free possession to paid use is another historic turning point or revolution. Renting or transferring state-owned land in the form of compensation is an objective requirement for the development of commodity economy and a realistic need for urbanization. Marx said that the possession of land rent is an economic form to realize land ownership. Land has no value and price. But when there is land ownership, land ownership needs to be expressed in the form of economy, the emergence of land rent becomes a possibility. On the one hand, the rent charged by urban land in China comes from the monopoly price of buildings, on the other hand, it comes from the high rent of construction land. In the past, we allocated land for free, which did not conform to the law of economic operation in a sense. Now the paid use of urban land is not only the realization form of land ownership, but also the concrete embodiment of the value of state-owned land. Practice has proved that the paid use of urban land is not only beneficial to the preservation and appreciation of state-owned assets, but also beneficial to the virtuous circle of state-owned assets and directly benefits from municipal construction.
According to the law, China's urban land belongs to the state, but there are some problems that need to be carefully studied. If urban land is owned by the state, does the state here only refer to the central government? Or does it include local governments? The legal provisions or definitions on this issue are not very clear. Due to the vague definition of law, fierce collisions and frictions often occur between the central government and local governments. It is manifested in the contradiction of the proportion of land transfer fees and the "land violation cases" in which more and more local governments directly participate. Because land is scattered all over the country, land development, utilization and transfer can only be implemented by local governments. This makes local governments have obvious efficiency advantages when exercising land ownership. In recent years, the reason why urban land use in China tends to improve is the positive actions of local governments.
How does the central government exercise urban land ownership? How do the central government and local governments divide property rights? This is a realistic problem. This involves the personification of land property rights. This is almost a question of public ownership. What we usually call urban land owned by the state is actually that the state exercises land ownership on behalf of all the people. Although theoretically all the people can own the ownership of state-owned land on average according to the number of people, no one has actual control. Therefore, it is necessary to clarify the status of the city government as the main body of urban land ownership, further clarify the connotation of land property rights, further decompose land property rights into ownership, possession, development, income, transfer, lease, gift and mortgage, and clearly define each right. For example, ownership and sale rights belong to the central government; Possession and development rights belong to the local government. The right to income is divided by the central government and local governments in proportion, and so on. On this basis, we will decide which rights to grant to land users, the degree and duration of grant, and reserve the right to adjust and finally dispose of these arrangements. This will provide a clear standard for solving conflicts and disputes between state ownership and users' right to use. Exam big land appraiser website
Through the definition of property rights, the behavior of urban government in land allocation will be more long-term. Through strict land use planning and public participation, the power of the city government is restrained, so that the allocation of land resources can reflect the interests of the country and society. Allow the reverse flow of urban land ownership among governments, enterprises and individuals to realize the diversification of urban land property rights; Give full play to the basic regulatory role of the land market in the allocation of urban land resources; Under the effect of price mechanism and reasonable government policies, efficient and sustainable utilization can be realized. Avoid the development company to obtain land from the government at a low price or even free of charge by virtue of its privilege, and make a fortune by selling it at a higher price after development, occupying the land rent that should belong to the government income.
Effectively curb the original land users who allocate land for free, such as state organs, military, schools, state-owned enterprises, etc. , disguised as land shares, land condominium housing, subletting and reselling. You can set a time limit for the free and indefinite use of land. When it expires, the government will sign land use contracts with users one by one according to the assessed price and pay the land transfer fee. If it is difficult to make up for it, it can be postponed, levied year by year, or even the government's land use right becomes a shareholder, and the land lease system will be fully implemented to promote the rational allocation of urban land resources.