| As an important economic resource,land provides material basis for people’s survival and development.Urban land use system is an important part of a country’s development and construction.Before China’s reform and opening up,the land-use system adapted to the planned economic system was free use,and the land-use right was transferred by agreement.However,the problems of low efficiency of land use and lack of rational planning are exposed.By the 1990 s,the land use system had changed-the establishment of land reserve system.This initiative strengthened the government’s regulation and control of land supply,ended multiple land supply,and gradually established a primary land market.After the bold exploration and trial and error of many local governments,the land reserve system was eventually promoted and established throughout the country.The biggest challenge to the implementation of the land reserve system is that the land reserve system has become a tool for the government to collect money,which has not played a role of real intensive land use.One of the important reasons for this phenomenon is that some places still sell land in the way of "gross land".When the government transfers the land,it can save the cost of land development,quickly obtain the land transfer fee and increase the financial revenue in a short period of time,but it will also cause the land delivered to the user to be unable to start construction,and then the land will be idle.It can be seen that the standard of land supply is related to the value and efficiency of land use.At present,there is no clear prohibition on the transfer of the land and there is no accurate definition of the net land in the official documents.Therefore,in the judicial practice,disputes caused by the transfer of the land are common.The focus of the disputes is mainly the difference between the transferor and the transferee in their understanding of the effectiveness of the contract for the transfer of the land and whether the land involved is the net land.By selecting typical cases,this paper analyzes the common problems of the land transfer,and studies the practical difficulties faced by the land transfer: the limited sources of land reserve funds lead to the lack of the government’s first-class development funds;the government is difficult to balance the interests of the "double property owners" on the land for the sold land;the transfer of the land leads to the inability of the transferee to start the construction,and then makes the land The land is idle;the court has no unified standard forthe division of responsibilities between the two sides of the contract.In view of these problems,countermeasures are put forward from two aspects.On the one hand,the government should broaden the financing channels for the first-class development of land,indirectly increase the sources of funds for land reserve by involving enterprises in the first-class development of land and by means of loans from financial institutions;clarify the main body of responsibility for land clearing work,communicate and link the land and resources management department with the people’s government,implement the issues of land acquisition,demolition and resettlement compensation,and promote land clearing work We should implement the land use planning system,maintain the land exchange market,and strengthen the post supply supervision of construction land.On the other hand,it provides guarantee for land reserve in legislation and judicature.We should improve the level of legislative effectiveness of land reserve,correctly identify the contract effectiveness of the transfer of Undeveloped land carefully use the principle of contract termination,and attach importance to the combination of adjustment and judgment. |
