An Study of China's Urban Land Transfer Fee: Its Current Situation,Problems and Suggested Solutions
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In recent years,the amount urban land transfer fee is growing rapidly in China,as a result of imperfect rural land property right,poor financial system and inadequate management of land granting fee.To solve the problems: firstly,rural land should be transformed into join-stock one to make clear farmers' ownership of the collective land,so that the status of farmers as a collectivity can be favored in land transfer negotiation;secondly,house tax should be levied during the house tenure,to relieve the financial pressure of local governments;and thirdly,the government should strengthen the management of urban land transfer to improve the efficiency of urban land transfer fee.Keywords:
Stock (firearms)
Common ownership
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The Urban Land (Ceiling and Regulation) Act was enacted in India in 1976 with a view to curbing land price increases and promoting low-income housing through socialization of urban land. This paper critically examines the stated objectives of the Act and the major achievements after its implementation, and finds that the Act has so far not lived up to its expectations. The paper begins with an introductory background for the evolution of the Act and highlights its major provisions. A careful examination of the limitations in the implementation of this Act and its major implications as per experience is then presented. The paper concludes with the necessity for a thorough reappraisal of major policy instruments, search for alternative strategies and consideration of the realities of the existing situation in the country for possible improvement.
Ceiling (cloud)
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In the latest milestone of China's embrace of a market economy,the Communist Party announced a much-anticipated land reform plan in 2008.Under the system before 2008,all rural land is communally owned by village collectives controlled by local Communist Party officials,and plots are parceled out to farmers through 30-year land-use contracts.With the new policy,for the first time,farmers will be able to subcontract,lease,and transfer these land-use rights.Though stopping short of outright privatization,the reform will allow farmers,who make up more than 55% of China's total population,to use land as collateral to secure loans,invest in irrigation,expand plot sizes to create larger,more efficient farms,and otherwise boost agricultural productivity.The new changes,aimed at narrowing the growing gap between urban rich and rural poor,are expected to improve rural living standards.However,the rate of transaction is still low.This paper analyzes the reasons from the perspective of the relationship between demand and supply in Shaanxi province,and finds that the low rate of land transaction is due to the current land system,which can ensure social security.The result shows that land market is imperfect in underdeveloped areas for following reasons:(1) social security functions of rural land;(2) surplus labor in rural region;(3) low revenue of land;(4) frag-mentation management of rural land;(5) high transaction costs.Social security functions of rural land and surplus labor are the vital factors.Therefore,the solutions to increase the rate of transaction of rural land must consider the basic functions and the basic characteristics of the current land system.The authors suggest that(1) improving the social security of the peasant worker and weakening the social security function of the rural land;(2) encouraging to develop the labor-intensive manufacture and service industries to have more rural surplus labor;(3) setting up the relevant rural land agencies and supervisory agencies to reduce transaction costs;(4) implementing proper policies to develop the local market of transaction of rural land.
Leasehold estate
Lease
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The system of rural land management is the basis of rural economy.For the purpose of legislation and reform of rural land management system,this article sets forth the existing issues in the current system such as the infringement of farmers' rights and interests,the protruding contradiction between supply and demand of land for construction,low efficiency of land cultivation and the market segmentation between urban and rural land,and it also puts forward such recommendations as to reform the revenue sources of local government,to give farmers permanent rights of land use,to promote rural land transfer,to levy property taxes and the tax of rural land use and to establish a sound system of rural land management.
Contradiction
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At present,though China has lawfully regulated rural ownership transfer system,there exist many problems in practice.For example,in the process of conversion,a huge price difference occurred;reckless expansion of interests has led to overbroad scope;apart from that,there is deficiency in compensation mechanism for transfer and difficulty in guaranteeing the legitimate rights of landless peasants.In order to solve this problem,rules and regulations should be established to avoid land finance and self-serving behavior of the government.In addition,the scope of public interest should be made clear to improve the acquisition system.And finally long-term mechanism for compensation for lost of farmers should be established to protect their quality of life.By doing so,the existing rural ownership transfer system could be rectified.
Scope (computer science)
Public ownership
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Urban land ownership structure reform is the feasible path to solve double-law contradiction in land expropriation,all urban and rural land should be adjusted by public welfare principle and non-public welfare principle,and state-owned land should also be adjusted by breaking current ambiguity between responsibility and rights.Rural collective land ownership is not complete and its rights need to be returned.The increase and deduction of its land are not necessarily realized by national expropriation.The contracted land and housing land should be privatized or endow them with property attribute.Urban and rural housing land should have the same price and the same rights.Saving construction land should consider the transfer of rural population to big and middle cities,meanwhile,the standard of proper land scale should be scientifically solved.Arable land protection funds should be set up.
Expropriation
Arable land
Contradiction
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The farmers pay more attention to the actual use of rural land in the current ownership and farmers’ land use rights than the reform of the ownership rights of rural land towards private ownership or state ownership. The farmers welcome the transfer of land use right based on contracts or shares in agricultural cooperative firms. Due to low compensation standard for the nationalization according to current laws and regulations,farmers welcome the construction of houses based on the collective ownership of land. Moreover,farmers have less means for loans due to the legal limits for the guarantee with land use rights. Hence,it is urgent to revise the laws and policies in this field.
Common ownership
Agricultural land
State ownership
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Since the birth of new China,the rural land system has gone through changes from average private land ownership to collective land ownership,and then to household contract management and the real right for contract management.Now it is moving toward the practice ensuring the farmers the long and valid right of land use.However,there still remain some problems like vague property right and other deeper problems in the rural land system.In the new time,the key to the change of land system lies with the provision of a more comprehensive and integral right of land property for farmers so that land will be property-oriented and capitalized,which will pave the way for the rural-urban integration and marketization on the basis of land.
Marketization
Common ownership
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Household contract management system is undoubtedly an outstanding example of successful change in rural land system in China.However,it suffers drawbacks in vague and incomplete land property right system,low marketization level in land circulation,land requisition regulations harming farmers' interests,and pronounced color of security through land.These faults have become bottlenecks in increasing farmers' income.In order to boost farmers' income,we should deepen reforms in land system in the following aspects in line with the guiding principles of the Third Plenary Session of the Seventeenth National Congress of the Communist Party of China: clarifying land ownership and speeding up land right registration,promoting circulation of land use rights and revitalizing rural land assets,compensating requisitioned rural collective land in a lawful and fair manner according to market principles,and quickening the building of rural social security system.
Requisition
Marketization
Circulation (fluid dynamics)
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Establishing rural land collective property right system with clear ownership, complete powers and functions, smooth transfer, and strict protection is the basic guarantee to the equal exchange of land elements. In this study, the reform of relevant legal systems to China’s rural land transfer was introduced firstly, and then the guiding ideology of China’s rural land transfer was proposed. Finally, the ways of practicing rural land transfer in China were discussed. Based on the premise of insisting on and improving the strictest land preservation system, farmers should have the right to occupy, use, and transfer their contracted land, and they can transfer their land contracting and management right in ways of exchange, subcontracting, renting, stock cooperation, and trust. Exploring the ways of equal exchange of land elements according to local conditions is an important political and economic issue concerning the livelihood and development of farmers in China, so it should be conducted under the guidance of the correct ideas to integrate scattered land in China’s rural areas, develop moderate-scale management, shorten the income gap between urban and rural areas, and realize balancing development of urban and rural areas in China.
Agribusiness
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This is an article involved in risks, right and interest of 642.2 million (China National statistics 2013) Chinese farmers in land transfer process, it describes the use of the way of economic development and reform of rural land under a typical government -driven economic system.Chinese rural land transfer is another one of major changes in rural land system, there exist a number of drawbacks such as a binary power Chinese land system, market access inequality, malpractice premium distortions and unfair distribution of value-added benefits, etc.To get rid of these demerits, the purpose of this article is to explore and lay a foundation before China imminent introduction of the rural land-based unified registration system.Based on changes, and also the status of farm land use right transfer system analysis, a field investigation is conducted and some correlated factors affecting China's land transfer are found by empirical analysis, and also recommendations made to promote the reform and transfer of farm land use rights.
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