基金项目(Foundation): funded by the MOE Youth Project in Humanities and Social Sciences,entitled Researches on Market-oriented Reform of Regulation System of Land Usage in China(CLS-D1025);;
the 2015 Annual Construction Project of the SWUPL Innovation&Research Institute of Urban and Rural Development,entitled China's Practice and Outlook in the Transfer of Land Development Rights(TCCX15LW06)
- 1 JIANG PING,ON CHINA LAND LEGISLATION,at 386(China University of Political Science and Law Press,1999);Shen Shouyu,On Theoretical Foundation and Significance of Establishing Agricultural Land Development Right,12(I)China Land Science,12,17-19(1998);CHEN LIGEN,ON LAND USE CONTROL(China Da Di Publishing House,2000).
- 2 TIAN FENG,ON PROPERTY RIGHT IN CHINA LAND ACQUISITION RESERVE,at 64(Jilin University Press,2011).
- 3 Wang Yongli,Overview of the Research on Domestic Land Development Right,3 China Land Science,70(2007).
- 4 Rick Pruetz,Faicp&Erica Pruetz,Transfer of Development Rights Turns,40 Planning&Environmental Law,3-6(2007).
- 5 LIU JUN,ON STATE MONOPOLY OF LAND OWNERSHIP,at 242-246(China Law Press,2009).
- 6 Rick Pruetz,Faicp&Erica Pruetz,supra note 4.
- 7 Shen Shouyu,supra note 1.Jia Haibo,On the Establishment and Atribution of Agricultural Land Development Right,10 China Land,24-26(2005).
- 8 LIANG HUIXING,ON CHINA PROPERTY LAW,at 359(China Law Press,1998);Huang Zuhui&Wang Hui,On Land Requisition Act of Non-public Interest Nature and Compensation for Land Development Right,5 Economic Study,66-72(2002).
- 9 Hu Lanling,On Land Development Right,3 Hebei Law Science,144(2002);Liu Mingming,On the Attribution and Realization of Land Development Right in China,10 Rural Economy,94-96(2008).
- 10 Du Jingshen&Luo Ping,The In feasibility of Establishing Land Development Right in China Based on the Path of Real Right,4 China Land Science,12-16(2015).
- 11 SUN HONG,RESEARCH ON LAND DEVELOPMENT RIGHT IN CHINA:A NEW PERSPECTIVE OF LAND DEVELOPMENT AND RESOURCE PRESERVATION,at 129(China Renmin University Press,2004).
- 12 Hu Lanling,supra note 9.
- 13 Id;Liu Mingming,supra note 9.
- 14 Richard L.Barrows&Bruce A.Prenguber,Transfer of Development Rights:An Analysis of a New Land Use Policy Tool,4 American Journal of Agricultural Economics,549-550(1975).
- 15 The Town and Country Planning Act 1947 was enacted by the Labor Party's government after the end of WWII,which is the foundation and prototype of the Town and Country Planning Act in the United Kingdom currently in force.
- 16 Commonly referred to as floor area ratio.
- 17 TIAN FENG,supra note 2.
- 18 The Decision of the Central Committee of the Communist Party of China on Several Major Issues on Promoting the Reform and Development of Rural Areas,which is adopted at the Third Plenary Session of the 17th Communist Party of China Central Committee on October 12,2008,specifies that"gradually unify the construction land use market in urban areas and that in rural areas,transfer the right to use the construction land owned by rural collectives through a unified tangible land market by public and legal ways".
- 19 Item(11)of the Decision of the Central Committee of the Communist Party of China on Several Major Issues on Comprehensively Deepening the Reform adopted at the Third Plenary Session of the 18th Communist Party of China Central Committee on November 12,2013.
- 20 Article 12 of the Interim Regulations Concerning the Assignment and Transfer of the Right to the Use of the State-Owned Land in the Urban Areas provides that maximum term with respect to the assigned right to the use of the land shall be no more than 40,50or 70 years respectively subject to market profitability for different land uses.
- 21 The Regulations on the Requisition of Land by the State for Construction adopted by the State Council on May 14,1982(Repealed)provides that those peasants whose land has been requisitioned may change their status into non-agricultural or urban households,after obtaining the approval of the people's government of a province,or be employed by units under collective ownership if relevant requirements are met.
- 22 The Measures of Chongqing Municipality on the Administration of Land Tickets adopted on December 3,2015 by Order No.295 of the People's Government of Chongqing Municipality.
- 23 Opinions of Chengdu People's Government on Improving Land Transaction System and Promoting Comprehensive Regulation of Rural Land(for Trial Implementation)(Cheng Fu FaNo.27;Interim Provisions on the Administration of Registration and Use of Construction Land Index(Cheng Guo Tu Zi FaNo.19);and Opinions on the Implementation of Improving Land Transaction System and Promoting Comprehensive Regulation of Rural Land(Cheng Guo Tu Zi FaNo.80).
- 24 Notice of the General Office of the People's Government of Zhejiang Province on Relevant Issues Concerning the Administration in Promoting Rural Land Development(Zhe Zheng Ban FaNo.91);and Notice of the General Office of the People's Government of Zhejiang Province on Strengthening the Administration of Reclaiming Farmland in Another Location(Zhe Zheng MeasuresNo.132).
- 25 The term and means of Assigning the Right to Use Collectively-Owned Commercial Construction Land shall be included in the land development plan drafted by the state.For example,the assignment of collectively-owned commercial construction land must also be subject to the publicity principle in tender offer,auction and listing,or a regular and orderly unified urban and rural construction land market will not be established.
- 26 Guo FaNo.29,expressly repealed by the Land Administration Act of the People's Republic of China promulgated on June25,1986.
- 27 Guo FaNo.80,on May 14,1982,expressly repealed by the Land Administration Act of the People's Republic of China promulgated on June 25,1986.
- 28 For example,article 9 of the Regulations on the Requisition of Land by the State for construction provides that the compensation fee for the requisition of cultivated land(including vegetable plots)shall be equal to three to six times the annual output value of the requisitioned land.
- 29 Article 4 of the Land Administration Act provides that"the State is to place a strict control on the usages of land"."The State shall compile general plans to set usages of land including those of farm or construction use or unused.A strict control is to place on the turning of land for farm use to that for construction use to control the total amount of land for construction use and exercise a special protection on cultivated land".
- 30 Article 44 of the Land Administration Act provides that"whereas the occupation of land for construction purposes involves the conversion of agricultural land into land for construction purposes,the examination and approval procedures in this regard shall be required".
- 31 Promulgated on December 19,2006 by Order No.37 of the Ministry of Land and Resources.
- 32 Guo Ban FaNo.71.
- 33 Lai Zhizhong,On the Attribution of Rural Collectively-Owned Land Development Right,2 South China Rural Area,37-40(2009);Yu Guangsi,Imperative Reform:Thoughts on Current Chinas Land Requisition System,9 China Land(2001).
- 34 Although all the land in the United Kingdom nominally belongs to the Queen,in fact the title to land in the United Kingdom basically equals to land ownership in nature.
- 35 In the Long Island Pine Barrens Program,the"land development right"transferred from the sending site can be used either to increase residential unit within the receiving site,or to increase 300 gallons of sewage discharge per day.
- 36 In the Media District TDR program in Burbank,California,the"development right bonus"can not only be used for land use conversion,but also to increase the number of vehicular trips besides controls of traffic flow.Rick Pruetz,Faicp&Erica Pruetz,supra note 4.