The "Regulations" include five aspects, namely, building a national spatial planning system in accordance with the decision-making arrangements of the CPC Central Committee, improving the strictest farmland protection system, optimizing the examination and approval system for construction land, consolidating the achievements of the three system reforms of rural land, and insisting on problem-oriented writing mature experience in practice into the regulations. The Ministry of Natural Resources said that the Regulations on the Implementation of the Land Management Law (hereinafter referred to as the Regulations) is an important supporting regulation of the land management law. The amendment to the Land Management Law has been implemented since June 65438+1 October1day, 2020, which has greatly improved land acquisition, collective construction land entering the market and homestead management. , and made provisions for enabling legislation. It is urgent to clarify the specific operating procedures of reform measures and the specific content of authorized legislation in the bill.
There is no mention of film development.
Li Guoxiang, a researcher at the Institute of Rural Development of China Academy of Social Sciences, told the reporter of 2 1 Century Business Herald that one of the major themes of the revision of the land management law and the formulation of regulations is to take care of the interests of farmers and collectives by narrowing the scope of land acquisition, establishing a system for collective construction land to enter the market, and optimizing the distribution of land value-added income. After the implementation of the Land Management Law and its implementing regulations, this channel has been unblocked from the institutional level, but it still needs the reform of the benefit distribution mechanism such as the collective property right system to cooperate.
Among them, the reform of "three plots of land" in rural areas, especially the reform of land acquisition system and the entry of collective construction land into the market, has attracted much attention.
In the field of land expropriation, the bill specifies the relevant provisions of the six-step procedure of "investigation, evaluation, announcement, hearing, registration and agreement" for land expropriation. The reporter of 265438+20th Century Business Herald noticed that during the revision of the Land Management Law, "land can be developed and expropriated in pieces" was widely disputed. Although the Ministry of Natural Resources has repeatedly stated that it is studying the introduction of standards for land acquisition and piece-by-piece development, there is still no more explanation about "piece-by-piece development" in this bill.
"The formulation of film development standards is still controversial." Yan, Executive Dean of the National Development and Strategy Research Institute of Renmin University of China, told the 2 1 Century Business Herald that although the general direction of the revision of the land management law is to narrow the scope of land acquisition and expand the collective construction land to enter the market, how deep this direction goes depends to some extent on the connotation and scope definition of piece-by-piece development within the scope of urban construction land, which is actually a question of how fast the reform should go.
Some analysts also pointed out that the "Bill" gives local governments more autonomy in land use in accordance with the principle of "equal rights and responsibilities", such as the decentralization of construction land approval authority that has aroused widespread concern before. For the Ministry of Natural Resources, which will do more total control in the future, similar standards can limit and regulate the relevant behaviors of local governments, which obviously needs to be stricter.
Refine the conditions for entering the market for construction land
In the field of collective construction land entering the market, the bill also has many bright spots.
Yan told reporters that the "Bill" has made some cohesive institutional arrangements in the field of "the same rights and the same price" for urban and rural construction land. For example, it is stipulated that the maximum period of assignment of the right to use collectively-operated construction land shall be implemented with reference to the maximum period of state-owned construction land for similar purposes. In addition, in the secondary market, the right to use collectively-operated construction land obtained by transfer or lease can be transferred, exchanged, contributed, donated or mortgaged. Specific measures shall be implemented with reference to state-owned construction land.
Regarding the conditions for collective construction land to enter the market, the "Bill" has greatly refined and enriched the provisions of the land management law, requiring that "land spatial planning should be determined for industrial, commercial and other business purposes; Clear property rights, land ownership registration has been handled according to law; Have the basic conditions such as supporting infrastructure needed for development and construction.
Meng, a professor at the Law School of Wuhan University, told the 2 1 Century Business Herald that both the Land Management Law and this draft stipulate that only collective construction land identified as industrial and commercial use in the National Land and Space Planning can enter the market, and it can only be used for industrial and commercial purposes according to the existing regulations. However, from the perspective of "the same price and the same right" for urban and rural construction land, the word "the same right" has left a hole for expanding the scope of use through judicial interpretation and departmental regulations in the future.
For Article 3, only collective construction land with basic conditions such as supporting infrastructure required for development and construction can enter the market. Many interviewees said that this actually limited the scope of collective construction land entering the market, and stressed that it is necessary to rely on the development of cities and urbanization to prevent the planning from getting out of control.