The time is ripe for China to formulate land law

Sun Yinghui, director of the Land dispute Mediation Center of the Ministry of Land and Resources, said in an exclusive interview with Xinhua that laws and regulations such as the Land Management Law have played an irreplaceable role in reform and development before the arrival of the National Land Day in 2013. With the concept of constitution and property law deeply rooted in the hearts of the people, in order to protect citizens' property rights, we must change the way of land management, which emphasizes administration and neglects civil rights. It is urgent and ripe to formulate land law as the basic law of land.

Including the Land Management Law, China's current legal system of land and resources has effectively supported the overall situation of economic development, the process of industrialization, urbanization and agricultural modernization, and the sprint of China's total economic output ranking second in the world. It also supports the basic stability of the red line of cultivated land. However, it should also be noted that the Land Management Law focuses on "management", with the purpose of strengthening administrative management, emphasizing administrative norms rather than civil norms, emphasizing more administrative management and less clear civil rights and obligations. At present, disputes and stability incidents around land expropriation, demolition and other land issues emerge one after another, and the land problem ranks first among the national petitions. In the final analysis, the current land management mode does not meet the increasing demand for the adjustment of civil real rights. The reform of the land expropriation system, the protection of rural land rights, the promotion of rural land transfer and the promotion of a unified urban and rural land market cannot be supported by the land law.

In fact, although the land management law formulated to meet the needs of economic development at that time in the initial stage of reform and opening up has not changed the nature of emergency administrative law, it is unable to provide a legal basis for some important institutional arrangements. Such as the national land supervision system, the circulation of the right to the use of rural collective construction land, the realization of rural land property rights and other important legal relations. The integration of all kinds of land management and the introduction of a land law covering all kinds of land and its rights has become the consensus and general trend of people of insight and all walks of life.

Emphasizing administrative management and neglecting civil rights is vividly the "official standard" of land management. At present, the biggest obstacle to reform and development is the issue of property rights, especially land property rights, which has become a stubborn fortress that can not be bypassed out of the deep water area of reform. The formulation of land law can effectively break through the "three ambiguities" of fuzzy boundary of land property right, fuzzy subject and fuzzy status, and realize the reform of rural land system. As the current land management law belongs to the category of economic law, it mainly serves to standardize administrative behavior, resulting in a large number of uneconomic factors outside the market, resulting in the loss of state-owned assets and the idle and waste of land resources. China's land policy and real estate regulation and control, long-term existence of more short-term measures, less reform policies; more administrative measures, less norms of the rule of law; more regulatory measures, less economic methods, etc., are also related to the absence of land law. To increase the means of economic, scientific and technological and legal regulation and control in the regulation and control of the land market, highlight the market allocation, the main role and legal norms can not be separated from the land law to create institutional dividends.

Due to the characteristics of the development stage, despite the provisions of various land rights, the core of the land management law is administrative management, not the protection of private property rights. With the reform and opening up entering a new period, it is urgent to speed up legislation in key areas such as land. Legislative planning is an important part of the legal system of land and resources, which aims to resolve legislative conflicts and prevent legal fragmentation. At present, it is necessary to step up the formulation of legislative planning for land and resources, which can start at a low level and on a small scale, and at the same time speed up the legislative department to start and promote the legislative process of the basic Law of Land and Resources, first of all, to incorporate the land law into the legislative planning and comprehensively promote the preliminary work of legislation.