Study On Urban Construction Land Acquisition

As the cities of our country expand quickly since the policy of reform andopening up, urbanization and industrialization process development rapidly, againstthis backdrop, urban construction is in increasing need of land. However, China hasalways been gaining land by land expropriation for urban construction. Through landexpropriation, rural collective land is transformed to state-owned construction land,and then allocated to those departments that need land for urban construction. Urbanconstruction land includes not only land for pure public good like administrative landand infrastructure land, and land for quasi-public good, but also a series of land fornon public good such as commercial service land and industrial estate. As regulated inthe Land Management Law, the right of land expropriation can only be carried out forthe purpose of public interest. Gaining all the newly increased land by landexpropriation has caused many social problems. If the land expropriation systemcannot be further improved to find a way out for the need of urban constructiontoward land, it will hinder urban development and threaten social security. Thus, itwill have important practical significance to study the gaining method of urbanconstruction land.Based on price theory, land rent theory, land property rights theory andinstitutional change theory as the instruction, to urban construction land as theresearch object, from the classification of urban construction land, this paper analyzesthe land nature of urban construction land, from the perspective of the status quo ofurban construction land, it analyzes the characteristics and the problems about urbanconstruction land and land expropriation, and then researches the different land useaccording to the problems of urban construction land acquisition modes. Throughresearch, this paper draw the following conclusions:(1) Urban construction land in accordance with the nature of the land is dividedinto three categories: Firstly, pure public welfare urban construction land, includingland for public management and public service activities in the administrative office,the foreign land, land for military defense, education, scientific research, publicschools in the land, land for public facilities of water drainage, power supply, heatsupply and air supply land and green space protection of green space and publicsquare, and land for roads and traffic facilities of the land for the streets, roads. Secondly, the public welfare urban land for construction purposes, including economyapplicable housing and low-rent housing in the residential land, land for publicadministration and public services in the other land for land for education scientificresearch, sports, health, etc., in the land for public facilities, telecommunications,postal, sanitation, fire land, green land in the park green space, road and trafficfacilities of railway land, land for highways, airports, ports, the land for terminal andpipeline transport. Thirdly, urban construction land for the public welfare, includingland for residential land of ordinary commercial housing, high-grade residential, land,industrial land, commercial services and logistics warehousing land.(2) Different land use properties of urban construction land take different ways toachieve: pure public welfare through land expropriation of land used for urbanconstruction according to land management law, the public welfare urban constructionland as a kind of special economic behavior in factors of production, should beachieved through the land market, quasi commonweal city construction land betweenpure public welfare and the public welfare urban construction land,should beachieved through the land market, and allocation and sharing land development rightsbetween government and peasants.Through the feasibility analysis to the urban construction land acquisition modes,aiming at the problems which put forward the corresponding countermeasures to givesome suggestions, this paper has a certain reference significance to improve thesystem of land expropriation in our country and establish and improve China’s landmarket provides a train of thought.