Lawyer writes to legislature for review of Legality of land reserve System

Legal Daily Beijing May 10 News reporter Singhong deviated from the "public interest" of the current land reserve System to make the government become a direct profit-making.　　Recently, Beijing lawyer Zhang Xingqui sent SpeedPost to the NPC Standing Committee, requesting the legislature to review the system and the measures for the administration of land reserves. According to reports, the land reserve System since the end of last century in the Shanghai-Hangzhou area, and later with the State Council 2001 "on strengthening the management of state-owned land assets of the notice" on the system, most of the country quickly began to imitate and implement.　　November 2007, the Ministry of Land and Resources, the Ministry of Finance, the People's Bank of China jointly issued the "Land reserve management measures." Zhang Xingqui's proposal argues that, first of all, the Constitution, the property law and the Land Administration Act emphasize that land expropriation must conform to the premise of "public interest". 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. Secondly, the land reserve management measures violates the provisions of the legislative law. In the process of land reserve, not only the expropriation of Non-state-owned land, but also the expropriation of houses and other buildings.　　According to the legislative law, the imposition of the state's name and the coercive power of the state must be regulated and adjusted by the basic laws of the State, and not by departmental or local government regulations. Third, the land reserve System does not conform to the legislative purpose of the land Management law. The legislation of land expropriation system stipulated in land administration law is to satisfy the demand of "unit and individual construction", land is levied on the basis of the construction of the project, and the purpose of the land reserve levy is "to sell for sale", to reserve land for auction, to sell it, and to have no construction projects,　　There are no construction units and individuals. In the case of relatively tense supply of land, the government uses executive power to collect or requisition the state-owned land or collective land used by the unit in advance, and then to earn the land difference according to the market supply and demand, through bidding and auction.　　This kind of behavior, which harms the interests of the land owner or the right person, reduces the government's public credibility. Zhang Xingqui proposed that the "land expropriation Law", the abolition of the land reserve System "for sale", to restore the "Land Management Act" as stipulated in the "due to the construction of the levy."