Research On The Development Of Construction Land Quota Trading And The Improvement Of Its System

China has a large population but little land,and the cultivated land resources is scarce.In order to protect the cultivated land,control the total amount of construction land,construction land quota implements top-down administrative distribution mode in our country.However,with the development of economy and society and the acceleration of urbanization,the demand of urban construction land is increasing,the contradiction between the cultivated land in urban encroachment and cultivated land protection is becoming increasingly prominent.In order to solve the dilemma of cultivated land protection and construction land guarantee,and the problem of construction land quota in the development of cities and towns,the government is carrying on the reform of the land system constantly,has been explored the hook of urban construction land increase and rural residential land decrease and construction land quota trading one after another.Through the analysis of the trading background and historical evolution of the construction land quota in China,the comparative study on the practice mode of construction land quota trading of Chongqing,Sichuan,Jiangsu,Zhejiang,the analysis of the essential of construction land quota,this paper draws the following main conclusions:1.Construction land quota includes the state issued quota and the quota of the hook of increase and decrease,in essence,the two is a kind of right to turn agricultural land into construction land,that is,the narrow sense of land development right.Construction land quota trading is equivalent to the transfer transaction of land development rights.However,the state issued quota is distributed free through administrative means by state which is linked to the basic farmland protection rate and formed based on the state public power.The quota of the hook is formed by surplus agricultural land offsetting through the local govenument’5 consolidation or reclamation.Although it is also listed in the scope of the annual plan,but it has some attribute of private rights.The difference on the right attribute leads to the market degree of the quota of the hook is much higher than the state issued quota.Based on the attribute of public power,the state issued quota’ s transaction subject can only be the local government,while the quota of the hook’s transaction subject can also be a collective economic organization or private in addition to local government which based on the attribute of private right.At the same time,the two indicators of the different ways of allocation also led to the results of the differences,the state issued a more focus on the development of the rights of fairmess,and the linked index is more emphasis on the allocation efficiency.Simultaneously,the differences of two quotas’ configuration mode lead to the differences in the results,the state issued quota pays more attention to the fairmess of the development right,while the quota of the hook is more emphasis on the efficiency of allocation.2.There are some differences in the quota trading content,quota formation mechanism,quota trading range,trading object,trading mode and the use of quota between the construction land quota practice of Chongqing,Sichuan,Jiangsu,Zhejiang,which are mainly re:flected in the government,the market position and the status of peasants.The practice has a certain guiding significance in the dual track system of quota,the quota landing,the protection of farmers’ rights to improve China’ s construction land quota trading system.3.There are some problems in the construction land quota and its trading practices in China,including the quota validity,the dual track system of quota,administrative configuration mode,quota landing and cultivated land protection risk,which can be improved through the following measures:(1)Change the law,promote the legalization of the quota trading;(2)Harmonize the state issued quota and the quota of the hook;(3)The allocation of the construction land quota transforms to the market;(4)Construction land quota and planning construction land are linked;(5)Allocate the construction land quota trading income reasonably from the perspective of property rights owners and investors;(6)Set up the quota trading system of construction land in the city and province step by step according to local conditions.