A Study On The Allocation And Transfer Of The Land Development Rights

Land development rights is a kind of property right. It is from the low efficient use or low use degree of land to the higher efficient use or use degree to utilize the property right of the land income. It is in parallel with the land property right and can be separated with it to recognize the economic lure of the land property right. The country could better develop the land applying in the macroeconomic control on the state-owned condition through establish the land development right, establishing the land development right transfer system to encourage the transaction and the transfer of the land development right.The country is the management subject that the land development rights disposes. The fair and rational collocation is the base of its high efficient transaction and transfer. The country set the initial deployment to the land development rights through effectively employing the land development policy, land protection policy, city and district development and environment protection policy. Then with the regulation function of the market mechanism to set the land development rights owned by country, collectivity or individual with the property nature. Therefore, the transfer lure allotment of the land development rights should considerate the profit of country, collectivity and individual, especially to protect the legal land development rights profit of the farmers.At the time of allotting the land development land rights, it should be on the principal based on the controlling the gross of the development rights, optimizing the development rights structure, emphasizing the fair allotment and improving the allotment efficiency. Through legislation to confirm the legal status of the development rights in the land property right system, using the different technic and policy measures including the land layout and city layout to set the land development rights property factors such as land use, district and construction intensity to eventualize the land development rights into the effective transfer and transaction land property right.The land development rights transfer promotion models include political-promoting model, market-promoting model and mixing-promoting model. The land development rights transfer political-promoting model requires the sound management rule of the land development rights, the changeable payment of the district land development rights benefits, meanwhile the government should be in considerate financial resource. The market-promoting model alleviates the government finance and the economic burden of the taxpayers, which is called as'to protect the land with the money of the developer'and'protect the land in the exploiting', it is often used in the active place of the land development rights transaction and transfer. The mixing-promoting model equals to use the political measure and market measure together to promote the transaction and transfer of the land development rights.In the game of the land development rights transaction, due to the strong administrative priority rights the imperative police rights with the routine curtain-behind scheming, the farmers are usually in the passive status. But due to have burdened the profit loss, the farmers will choose the strategies as'delaying and preventing'etc to prolong the transaction procedures, increase the transaction cost and intensifying the profit conflict to the gamblers. Therefore it is suggested that the government could not enjoy the procedure of the profit allotment. The role of the government should be the'judgment'to reinforce the supervision, regulate the market transaction action through the public profit restriction and fair compensation, quitting the market region. The government can set up the transaction expenses system of the land development rights to control the land use direction to keep the accordance of the individual goal and the country goal in the macro-aspect. On the other aspect to enjoy the profit markup portion in the transfer period of the land development rights to enhance the equalizing of the profit allotment.Considering the level arrangement of our government, the land development rights will allot and transfer as the first, second and third form of the land development rights in the Macro-level,Middle-level and Micro-level based on certain mechanism. These three levels are connected organically, form the allotment system of the land development rights and the transfer market system.The price of the land development rights is the land price obtained to transfer the land development rights, i.e. the exchange value of the land development rights. The nature of the price of the land development rights is the land price difference of the land price after the change of the land use method and the current use condition. In China, it presents as the price difference of the use rights or the price difference of the state-owned land use rights and the collective land use rights (The price of the land property right or use right doesn't include the practical rebuilding, the development cost with deducting other capital and the natural income). According to the value composing of the land development rights, the price of the land development rights would form reciprocally with four factors function together including the land utilizing planning, the district (region), the purpose and volume ratio (develop density)In order to improve the allotment efficiency of the land development rights and decrease the transaction cost, we should design a set of practical system of the development rights allotment and transfer.â‘ The designing of the rights and powers. The land development rights have the function of regulate the land development benefit relation, therefore it is in need of certain right competence of the law to endow, the concrete rights could be considered in the four aspects including owning, using, punishing and winning.â‘¡The designing of the right system. To my point of view, the key composing parts of the land development rights include farming land development rights, commercial land development rights, basic development rights, over-limitation development rights, virtual development rights and conveyable development rights, these construct our cores of land development rights structure, interactionally to finish the system function of the land development rights and realize the system goal.â‘¢The designing of altering rules. The alteration of the land development rights focus on the designing, releasing, altering and perishing. The land development rights exert the function through right alteration to realize the adjustment of beneficial relation in the land development.â‘£Operating mechanism. The operating mechanism of land development rights is the mixed mechanism of the law, economy and administrative methods. Its operation takes the masterstroke as the right allotment, alteration and price regulation; the related system as the promise to realize the goals of the justice of the property allotment, efficient system operating and resource optimizing distribution...