Study On Index Control System Of Construction Land

Based on the limited land resources,China’s rapid social development,the traditional land concept and the infinite human demand,the contradiction between China’s growing demand for construction land indicators and the demand for farmland protection and food security has become increasingly prominent.In order to protect cultivated land,China has established a control system of construction land indicators based on the principle of appropriate government intervention and the principle of sustainable development.The initial extensive management of land resources has been transformed into a land use control system based on spatial planning,with construction land indicators as tools and refined and digital management of every piece of land.However,in the practice process of the construction land indicator control system,many problems have emerged,and the construction land indicator control system has fallen into a realistic dilemma,facing three major problems: "unclear role orientation of the government","imperfect laws and regulations on which the construction land indicator control system is based" and "lack of a perfect incentive system for the allocation of construction land indicators".First of all,the main role of the government in China is not clear about its own positioning in the control system of construction land indicators,the central government intervenes excessively,the interests of the indicator allocator and the indicator user are inconsistent,and the information is asymmetric,which makes it difficult for the indicators to meet the actual needs,"more rigid than flexible";The lack of responsibility of local governments,driven by the pressure of local performance assessment,the need for funds in the urbanization process,and the hidden interests of tradable indicators,ignores the responsibility of government subjects,blindly pursues the maximization of their own economic interests in the short term,abuses their power,and promotes rent-seeking of government power.Secondly,the laws and regulations on which the control system of construction land indicators is based are not perfect,the legal system is chaotic,all kinds of planning are based on their own functions,and there is a lack of laws and regulations that can coordinate the overall situation to coordinate all elements;There is no necessary public participation mechanism.In the planning process on which the indicators are based,there is no link of democratic participation,nor is there a link of supervision by market entities.During the planning implementation period,all stakeholders can not even seek relief after being infringed.Finally,there is a lack of a perfect incentive system for the allocation of construction land indicators.In the case of government failure,China has creatively created the indicator Marketization Mode in some pilot areas,but the system lacks legislative recognition,and has not established a sound transaction procedure for construction land indicators.The transaction scope of the indicator marketization mode is also relatively limited.The source of indicator production is mainly the stock of collective construction land,with limited sources.The type of reclamation is arable land,Relatively limited.For the above problems,many scholars have disputes over the retention or abolition of construction land indicators.Based on the principle of system measurement,that is,the survival or abolition of the system depends on whether its institutional interests can be realized.The core interest of the system is always the protection of arable land.As for the goal of protecting arable land,so far no other system can replace the role of the indicator control system of construction land in protecting arable land.Therefore,we should try to find a way to improve the system while retaining it.In view of many problems existing in the operation of the index control system of construction land,this paper puts forward some suggestions for improvement: first,clarify the role of the government in the index control system of construction land: first,standardize the land control rights held by the government by law,improve the legal procedures of land control rights,and improve the legal procedures such as administrative allocation of indicators,administrative licensing of indicators,and review of indicator allocation;Formulate operable indicator allocation standards;We should increase external supervision procedures,set up an indicator information disclosure system,and make the allocation of indicators for construction land open and transparent.Secondly,promote the political system and legal rules and regulations to reasonably distribute public power and divide the responsibilities of each power subject,increase the heteronomy system,and build an institutional foundation to ensure the unity of power and responsibility;Establish a list of responsibilities,improve the accountability mechanism,improve the flow chart of responsibility exercise,and clarify the situation and basis of accountability;Guide the government to establish a correct and scientific concept of political achievements.Second,improve the legal basis for the allocation of construction land indicators: first,improve the national land space planning system,establish the guiding and coordinating position of land space planning,and coordinate with the special;Promote the integration of planning,carry out the rule of law reform of multi-disciplinary integration,and form a systematic spatial planning system.Secondly,establish a public participation mechanism of equal consultation,highlight public opinion,improve the information disclosure system of the government,and ensure the openness and transparency of decision-making;Establish the participation mechanism of stakeholders related to the allocation of construction land indicators;Establish an expert hearing system to ensure the scientificity and operability of the planning;It is also necessary to establish a relief mechanism after the event.When the interests of the relevant stakeholders are damaged by the plans prepared by the government,they have the right to apply to the administrative organ for administrative reconsideration or bring an administrative lawsuit to seek judicial relief.Third,improve the incentive mechanism for the allocation of construction land indicators: first,establish the legislative recognition of the construction land indicator trading system,clarify the legislative basis of the construction land indicator trading system,and stabilize the reasonable expectations of the participating stakeholders in the process of construction land indicator trading;Secondly,improve the transaction procedures of construction land indicators,establish land exchanges similar to the Beijing stock exchange and Shanghai stock exchange for land indicator transactions and information disclosure,strengthen marketization,and promote the matching of indicator transaction prices with the real value of indicators;Thirdly,expand the trading scope of construction land indicators,improve the trading price of construction land indicators in backward areas,stimulate the output of indicator reclamation,make up for the shortage of indicator supply or high cost in developed areas,and promote regional development fairness;Finally,expand the production source and reclamation type of construction land indicators,include inefficient construction land indicators into the scope of reclamation,improve the plot ratio of indicators,and better realize the spatial value of indicators;According to local conditions,the construction land that is not suitable for reclamation into cultivated land should be reclaimed into other ecological land to give full play to its ecological role.