Four questions on the current land reserve System

Editor's note with the acceleration of the urbanization process, the original land of the city can not meet the needs. Thus, the city government through recycling, acquisition, replacement, expropriation and other ways to develop some of the land and storage, timing supply.　　This is what is commonly called land reserve. November 19, 2007, the Ministry of Land and Resources, the Ministry of Finance, the People's Bank of China jointly issued the "Land reserve management measures." This approach was launched at the outset, has been questioned by the industry.　　In practice, the government caused by land reserve and the conflict between the people who have been expropriated and demolished are also criticized.　　Recently, lawyers on the existing land reserve System and the above-mentioned measures to the NPC Standing Committee for the Legality of the review, once again to the topic of fever. What are the advantages and disadvantages of the more than 10-year-old land reserve System? Is it alleged to be illegal as a lawyer says? How to land allocation in the process of urban development fair and lawful law?　　From today, this newspaper launched a "review of existing Land reserves" series of reports.　　Legal Daily reporter Singhong in a letter to the NPC Standing Committee, called "The Land reserve System and the management of land reserves" of the legality of the review of the proposal, Zhang Xingqui Lawyers from the legal perspective of the detailed analysis.　　Question: Have you neglected the public interest?　　One of the reasons for the proposal for a review of legality is that the "Land reserve management Measures", aimed at strengthening the macro-control of land, violate the provisions of "public interest" in many laws, such as constitution, legislation law, property law and land administration law. The Constitution, the property law and the land Administration law all emphasize that land requisition should conform to the premise of "public interest". Article Tenth of the Constitution stipulates that "the state, in the interest of the public, the land may be levied or requisitioned and compensated in accordance with the provisions of the law; the second article of the law stipulates that the state may levy or requisition and compensate the land in accordance with law according to the needs of the public interest; Article 42nd of the Property Law stipulates,"　　In the interests of the public, according to the rights and procedures stipulated in the law can be collected collectively owned land and units, individual housing and other real estate. But in practice, most of the land reserves are for commercial housing development. The implementation of land reserve management measures after the property law has not been used as a prerequisite for the expropriation of land for the public interest. Zhang Xingqui said: "If the use of land is uncertain, the public interest is difficult to define, it violates the above legal provisions, if the public interest is clearly the nature of the reserve system is superfluous."　　Second question: Is it beyond the legislative purview?　　Zhang Xingqui that the land reserve management measures violated the provisions of the legislative law.　　Article eighth of the Legislative Act stipulates that the following matters shall only be enacted: (vi) expropriation of non-state property, (vii) Basic civil system, (eight) basic economic system and basic systems of finance, taxation, customs, finance and foreign trade. Zhang Xingqui told reporters that the land reserve System involves land, housing and other civil basic rights, not only the expropriation of non-state land, as well as housing and other buildings on the expropriation. In accordance with the provisions of the Legislative actThe imposition of national and national coercive powers must be regulated and adjusted by the basic laws of the State, and not by the departmental and local government regulations.　　Question three: Has it hit the law enforcement?　　The second reason for the review of legality is that the land reserve System is incompatible with the legislative purpose of the land Administration law. Zhang Xingqui that the legislation of the land expropriation system stipulated in the Land Administration law is to meet the demand of "units and individuals for construction". Land is levied on the basis of the construction of the project, and the purpose of the land reserve levy is "to store for sale", so as to reserve land for auction and sale,　　Some do not have construction projects, there is no building units and individuals. Land reserve System has also seriously impacted the implementation of land management law. The 37th article of the Land Administration Law stipulates that the land use right of the units shall be resumed free of charge by the people's Government at or above the county level if the non-agricultural construction occupied arable land for two consecutive years. Obviously, the Land reserve center levy Land, according to the provisions should also be in two years to start construction, otherwise should be free of charge to recover.　　But since most of the city's land-reserve centers and land administrations are two brands of horses, the law provides for the provision of land reserves. Zhang Xingqui said: "If the strict implementation of the law, the reserve period will be too short to lose the original meaning of the design of the system, if the disregard of the provisions of the law so that the collection of land long-term reserves, grabs, the government and its established land reserve agencies have the privilege of exceeding the law." In addition, the Land reserve management measures also violate the existing "Urban Housing demolition Management regulations".　　As a result of regulation seventh, the application for a house demolition permit shall be submitted to the city and county people's government housing demolition Management Department to submit the construction project approval documents, the construction land planning permit, the state-owned land use right approval documents, the demolition plan and the demolition program, etc. As the Land Reserve agency does not have specific projects to be built, it is not possible to obtain a house demolition permit.　　However, as a result of government intervention, the local demolition authorities directly issued the demolition license to the Land Reserve center, or the land Reserve agency to bypass the "Urban Housing Demolition Management regulations", usually take compulsory demolition means to obtain land.　　Question four: Is it suspected of competing with the people for profit? November 19, 2007, the Ministry of Land and Resources, the Ministry of Finance, the People's Bank of China jointly issued the "Land Reserve management Measures", focusing on "improve the land reserve System, strengthen land control, standardize the land market operation, promote land conservation and intensive use, improve the construction of the protection capacity".　　Therefore, the land purchase and reserve System is only as a land market regulation and management measures. If this system embodies the Government's function of regulating land use, then the Government should play the role of referee and night watchman in the market. Zhang Xingqui that the current land reserve System is the government to put aside the position of regulators, directly involved in the real estate market and land market, become a market interest participants.