Study On Urban Land Reserve System

Since the reform and opening up of China’s growing urban scale, traditional urbanland use system to "free, no time limit and no-flow" is characterized by low efficiencyof land use, and the local government in the "land finance" thinking turn large numbersof rural land violations put the land market has seriously disrupted the normal order ofthe land market. Against this background, the land reserve system was introduced intoChina in Western countries, and achieved initial results. However, due to lack ofappropriate theoretical support and guidance as well as the mode of operation has notyet introduced a unified national law and policy norms, in practice there were manyproblems. Therefore it is necessary to learn from the experience of foreign mature basedon the combination of specific national conditions, to explore the land reserve systemresearch, especially for analysis from a legal point of view, for the early develop acomplete system of legal norms to guide our land reserve system standardizedoperation.In this paper, in addition to the introduction and epilogue, is divided into five parts:The first part analyzes the definition of land reserves, comprehensive domesticscholars present a variety of views, put forward views held by the author of this article.Were subsequently discussed in more basic content and China’s land reserve system iscurrently the main mode of operation and the various modes.The second part is about the legal analysis of urban land reserve system, the mainlegal basis to start from, discusses two aspects of the legal characteristics, combinedwith the behavior of the land bank and land reserve institutions, points out the land bankbehavior is a complex of legal acts in future, further construction should take this as astarting point.The third part is about the practice of foreign land reserve system are discussed, theNetherlands, Sweden and France as a representative country, speech summed up thecharacteristics of the foreign land reserve system, and the successful experience offoreign countries for our reference, mainly related to institution building and supportinglegislation suggested two ways.The fourth part is the analysis of the existing land reserve system problems andshortcomings, combined with the practice of the drawbacks to the system designdeficiencies inherent flaws and supporting regulations for the construction of a breakthrough, summarizes the currently existing in China’s land reserve system types ofdeficiencies.The fifth sector is the proposal to improve our land reserve system, the firstrecommendation on the mode of operation of the proposed model and demonstrationshould be government-led operation mode of China’s land reserve system. Followed byspecific recommendations and methodologies to further improve China’s urban landreserve system， including institution building and the corresponding legislativeproposals.