Research On The Problem And Countermeasures Of The Discrepancy Between The Approved And Used Land About The Separate Location Project Engineering

Separate location projects refers to the projects which are located outside the general land use planning that used for the construction of cities,the villages and towns, including energy, transportation, construction, water conservancy, mine, military facilities construction and so on.Our country is in the development period of the transportation, water conservancy, electricity and other infrastructure development. According to the general plans for land use in Zhejiang province (2006-2020), the figure of the new construction land of those key project is up to 72800 hectares, which occupied 23% of the 313300 hectares of land area in the same period of the province.The Shanghai-Hangzhou passenger dedicated line, Ningbo-Taizhou-Wenzhou high-speed railway, Hangzhou-Ningbo high-speed railway, Hang Pu highway and a series of key linear infrastructure projects has implemented. It is popular that the scope of land for the project approval is not consistent with the actual land scope which influence seriously on the law, standardize management and the rights and interests of the main construction unit about the linear engineering, the local government, the construction unit reflect strongly.The paper choosed the Hangzhou-Ningbo high-speed rail, Huang Qu south highway and other four road and railway construction project as the example. Use various methods such as the GIS spatial analysis, field investigation, construction unit and management department discussion and reasoning methods to analysis systematically about the scale, distribution, causes and objectivity of the discrepancy between the approved and actual construction land about the linear engineering. And the problems of the later land use to the construction owners unit and land management in accordance with the law. Put forward the countermeasures to solve the problem, solution, the main conclusions are as follows:(1)It is objective and popular that the discrepancy between the approved and used construction land.(2) The main causes about the discrepancy is the basis of the approved and used land is different. Secondly the process during the construction unit and the regional local government, village collective, landless farmers communication is dynamic and deepen. Thirdly a few parts of the key engineering decision-making, design, construction are unscientific. Trilateral project which approval, design, and construction together is exist in a certain extent.(3) From the macro view, the discrepancy causes the phenomenon of illegal land use is objective. At the same time it affects the authority of law seriously and leads to the idle of the land resources. From the daily land management view, it causes the based data of the present the land use situation and planning implementation chaos. Furthermore, it causes a series problems during the local governments in accordance with the land expropriation, health law enforcement accountability. To the construction unit, the land can’t be registered which is outside the scope of the approved, rights and interests can’t be protected, furthermore it faces the risk of destruction of cultivated land and criminal liability of woodland.(4) Put forward the methods to solve the problem for the existing problems and solutions.