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1、新土地法避免十四个陷阱（）- note: land issues related to every living in this land of the nation, the revised land management law matters. Today, with the market economy becoming more and more complex, how to regulate and protect the land rights of all types of owners will have a crucial impact on the distributi
2、on of wealth, economic development and social harmony. As a result, the amendment of the land administration law, in particular, requires the views of all parties concerned. This article is one of many opinions for reference.Given the land management departments and land acquisition intentions of th
3、e government departments too much power, but also the lack of restraint, will create greater corruption space, may make more officials convicted of imprisonment, or even head landingIn March, the Ministry of land and resources submitted a draft amendment to the land administration law, which revised
4、 and amended the terms (including changes, additions and deletions) as many as 116. For a previously only 86 law, the revision rate of up to 135%, with reborn are indescribable.Since then, the Ministry of land has put forward the second draft, which has only been adjusted in detail, and the basic fr
5、amework has not changed. How to amend the land management law, This is a big problem. The land administration law and the first revised draft contain some constitutional terms that reflect the legislative thinking of land administration law and its revised draft. As an example of the revised draft v
6、ersion of the first draft, the following fourteen specific questions should be discussed for future reference.(1) the three major improvements should be carried outIn the revised draft, there are some places worthy of affirmation, such as:In the second article, the increase of the total amount, timi
7、ng and structure of land supply according to the needs of national economic and social development. Market allocation. This has moved closer to the constitutional principles in line with the socialist market economy.Several land property rights are defined in detail, and the rights and interests of
8、land owners are also stipulated. In section fifth, increase the land rights including national land ownership, collective land ownership, land use rights, land contract and management rights, land use rights, land use rights, easements, mortgages and other land, land rights embodied; increased natio
9、nal land ownership and the collective land ownership right to possession, use, disposal and the proceeds of their land rights , which makes the land rights because it contains the power of punishment is more complete; and stressed that land rights of the legitimate rights and interests are protected
10、 by law, no unit or individual shall not be violated, increase the safety and reliability of land rights the.Increase the land market clause. The new provisions of article ninety-fourth of land market, the local peoples governments at or above the county level shall establish a unified land market;
11、the state-owned construction land use right and the collective construction land use rights transfer, transfer and lease, must through the unified land market to open the way; the right to land contractual management the transfer should be incorporated into a unified land market; on the market in th
12、e allocation of land principle to do specific institutional arrangements, emphasizes the unified, and admitted that the collective construction land use rights and state-owned construction land use right equal market transactions.However, from the point of view of the whole revised draft, the princi
13、ples established in the three terms have been weakened and put on stilts in specific terms. Such as expanding the definition of public interest, and more rural collective land into the scope of government expropriation, and land pricing power and dispute adjudication power to the land acquisition si
14、de. Since the price set by the government departments, land use restrictions by the government, by the government monopoly of land transactions, land transactions in the dispute by the government ruled that the basic elements of the market system, market pricing, competition and property, was castra
15、ted completely, the market configuration is just a mere scrap of paper.On the protection of land rights provisions, such as by the rural collective land use restrictions, restrictions on the homestead standard, disposition restrictions on construction land use rights, the right to land contractual m
16、anagement, agricultural land use rights and land use rights, land expropriation compensation disputes by the parties the ruling, and the compensation of land expropriation dispute does not affect the implementation of land expropriation, namely in the rural collective land requisition compensation does not agree with the case of government departments can still be forced to land expropriation, the protection of land rights
