摘要(Abstract)：
我国土地公有制决定国家对集体土地发展权拥有拟制权,经国家拟制形成的集体土地发展权,既依附土地所有权或使用权存在,又可以在特定条件下与其分离并单独入市交易。对集体土地发展权的拟制权,及经拟制形成的土地发展权,构成了我国集体土地发展权制度的二元权利结构。土地发展权的二元权利结构,可以破解长期未能解决的集体建设用地出让期限、出让方式限制等理论与实践难题。以此为基础建立我国的集体土地发展权体系,对于建立我国土地发展权市场运行机制,使土地征收补偿走出理论和制度困境,都具有重大意义。
关键词(KeyWords)：
Abstract:
Keywords:
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)
作者(Author): 刘禺涵;
Email:
参考文献(References)：
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- 6 Rick Pruetz,Faicp&Erica Pruetz,supra note 4.
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- 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.
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- 26 Guo Fa[1982]No.29,expressly repealed by the Land Administration Act of the People's Republic of China promulgated on June25,1986.
- 27 Guo Fa[1982]No.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 Fa[2007]No.71.
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- 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.
