土地发展权与土地利用规划

Land Development Rights & Land Use Planning

我国正处于城市化快速推进时期,城市土地开发与农地和生态环境资源保护的矛盾突出,形势十分严峻.从宏观角度而言,节约和集约利用城市土地,减少耕地占用,维护生态环境,是当前十分紧迫的任务;从微观角度而言,对于某一块具体的土地利用,各方当事人都想"攫取"其最高经济价值并据为已有,因而产生了土地利用宏观与微观目标的各异,各方当事人利益归属的矛盾.

Land development rights (LDR), meaning the rights to develop land, are a sort of property rights, derived and divided from land ownership, which the thought and use were originated from England. The law systems of LDR have been differently established in many countries and regions, such as USA, France, German, Italy, Canada, Korea and Taiwan of China, but in the Mainland of China, the law system of land development rights has not been established yet. A land use planning, as an important measure to control the use of land, is a scientific and legal base, and an important technical standard for LDR, and at the same time, its formulation and implementation depend on the clearing and limiting of LDR. During the research on the issues related with land and during the land administration, there exist many tough problems to settle, such as short of economic measures in protecting farmland and basic farmland, how to transform land use rights of collective-owned building land, etc. It will get easier to settle above-mentioned problems with the thought of LDR. So, it is very necessary to design a system of LDR, which is greatly important to further clear the ownership rights of land development, to further increase the efficient of land development, and to further protect farmland and improve the ecological environment.