First, the development and evolution of land reserve system
From the experience of western countries, the establishment of land reserve system is beneficial for the government to effectively control the scale and structure of urban land use, realize the sustainable utilization of land resources, help the government to macro-control the real estate market, and make the development of real estate industry adapt to the development of urban economy. Take the "land banks" in Sweden and the Netherlands as examples. By purchasing, reserving and transferring land, the state can control the land and real estate market. In operation, the land bank is divided into three links: land acquisition, land reserve and land transfer. First of all, the municipal authorities buy land from scattered landowners, thus owning a lot of land to be developed. For example, the municipal authorities in Stockholm, Sweden once owned twice the land area around the city, most of which were purchased at the price of farmland or equivalent farmland decades ago. The huge land reserve has enabled Stockholm to develop more orderly, efficiently and rapidly, and achieved the goal of providing residents with a large number of houses at reasonable prices. In the Netherlands in the 1970s, more than 80% of developers' land came from the "land bank" of the municipal authorities. The second link is to reserve land. After the government buys the land from the landowner, it does not sell it immediately, but reserves it for a period of time. On the one hand, it is to make the reserve land appreciate; On the other hand, the land sold is only a small part of the land that has been developed in the early stage of "land reserve". Most of the land that is not planned in detail needs to be reserved for future needs, and the agricultural land with immature development conditions needs to be put into use. Usually, the land purchased by the government keeps a certain proportion with the land sold. For the land that has been planned and ready to be put into the market, the government usually does a good job in the early stage of development, such as leveling the land, building roads, paving sidewalks, building public facilities such as water supply and sewage, and even parks and green spaces, and then renting or selling these lands. The last link is the circulation of land. According to the needs of urban construction land, the government puts the cultivated land that has been reserved for a period of time and has been developed in the early stage into the market in stages. Because the purchase, planning and development of land require a variety of skills, the implementation of the "land bank" plan is generally carried out by specialized agencies owned by the government or land development companies controlled by the government. For example, the main duties of the Real Estate Committee of Stockholm municipal government in Sweden are to find suitable land, determine the scope of land purchase, and negotiate land prices with landowners; Responsible for raising and using land acquisition funds, supervising and managing the pre-development process of land leveling and road construction to be developed; Select developers for larger municipal projects, and plan and implement the allocation and quantity of urban housing.
The original intention of China's land purchase and reserve system is mainly that the government buys "unwanted" land in the market, and then pushes the land to the market when the market needs it or "someone wants it" to regulate the land market. From 65438 to 0996, Shanghai established the first land reserve institution in China-land development center, and then Hangzhou, Xiamen, Nanjing, Qingdao, Guangzhou, Zhengzhou and other large and medium-sized cities were established one after another. In April, 20001,the State Council issued the Notice on Strengthening the Management of State-owned Land Assets (Guo Fa [2006 54 38+0] 15, hereinafter referred to as 15), explicitly requiring "local governments with conditions to try out the acquisition and reserve system for construction land", and most cities in China began to establish land reserve institutions. Up to now, more than 2,000 cities and counties in China have successively implemented the land reserve system. At present, there are three main modes of land acquisition and reserve in China, namely, government-led, market-led and the combination of administrative-led and market-led.
(1) Market-oriented model represented by Shanghai. Land acquisition and reserve institutions shall, according to their own acquisition plans and government requirements, negotiate with the acquired units to determine the land acquisition price or agree on the land revenue sharing. According to the agreement, the land acquisition and reserve institution shall pay the purchase price, purchase the land, and go through the land transfer procedures according to the existing regulations. After obtaining the land, the reserve institution is responsible for the demolition and leveling of the land and the related infrastructure facilities. The easily transferable reserve land is transferred to the new land users by the land management department.
(2) The government-led model represented by Hangzhou. The scope of land acquisition and reserve is stipulated by the government administrative regulations. The land within the prescribed scope shall be acquired, reserved and developed by the reserve institutions according to the plan, and the government shall uniformly transfer the reserved land by means of bidding and auction according to the land demand.
(3) The mode of combining administrative guidance with market guidance represented by Wuhan. Land acquisition and reserve are combined with the allocation of land transaction licensing system, and selective acquisition is adopted. The allocated land can only enter the market with a trading license. The land that meets the planning and land supply plan can be purchased by the land reserve institution or publicly traded in the tangible land market, and the price can be formed through the market.
The land purchase and reserve system has played an important role in the government's effective control of land and macro-control of the real estate market. However, because the land reserve system is a new system, there are also some problems that cannot be ignored in its operation, mainly because the reserve institutions in some places no longer buy "unwanted" land, but golden lots. In some areas, land acquisition and reserve agencies co-ordinate land acquisition on behalf of the government, or even collect land at low prices and sell land at high prices, depriving the original land users of their legitimate rights and interests and making the land reserve system questioned. Moreover, land acquisition and reserve use a lot of money, and at present it is basically solved by bank loans. When the local price fluctuates and the purchased reserve land cannot be realized in time, it will face huge financial risks. What's more, at present, some local governments have mastered land power through land acquisition and reserve, and also indirectly mastered financial power and monetary power, which has affected the implementation of the central macro-control policy. Documents 200 1 and 15 put forward the guiding opinions in principle on the land reserve and transaction system, that is, "the municipal and county people's governments may set aside part of the land proceeds for land acquisition, and financial institutions shall provide credit support according to law". The huge asset value of land, the huge value-added benefits generated in the process of land acquisition and reserve, and the lack of legal system of land acquisition and reserve make the negative role of land acquisition and reserve system in promotion increasingly obvious.
In 2006, the Ministry of Land and Resources began to formulate the Measures for the Administration of Land Reserve (hereinafter referred to as the Measures) and the Measures for the Administration of State-owned Land Use Rights Transactions. After more than a year's efforts, the Ministry of Land and Resources, the Ministry of Finance and the People's Bank of China jointly issued the Measures for the Administration of Land Reserve on June 5438+065438+1October 9, 2007. The State Council Document No.3 issued in 2008 once again put forward the requirements for the land reserve system: the reserved construction land must conform to the plan, and the existing unused construction land should be included in the reserve first. Before transferring the reserved land, we should properly handle the legal and economic relations such as land property rights and resettlement compensation, complete the necessary preliminary development, shorten the development cycle, and prevent the formation of new idle land. The market mechanism should be introduced into the early development of land, and the implementation unit should be selected through public bidding in accordance with relevant regulations. The land developed in the early stage shall be transferred by the land and resources department of the people's government of the city or county in accordance with the law.
Two. Main contents of the Measures
The Measures * * * consists of seven chapters and 30 articles, which clearly stipulates the concept of land reserve, land reserve institutions, land reserve planning and plan management, reserve scope and procedures, reserve land development and utilization, reserve land supply and land reserve fund management.
(A) clear the concept of land reserve and the positioning of land reserve institutions
The "Measures" stipulate that land reserve refers to the behavior that the land and resources management departments of the municipal and county people's governments acquire land according to law and develop and reserve it in advance in order to standardize the land market and promote the rational use of land resources. The specific implementation of land reserve work shall be undertaken by the land reserve institution. Land reserve institutions shall be approved by the people's governments of cities and counties, have independent legal personality, are subordinate to the land and resources management departments, and undertake the land reserve work within their respective administrative areas. The role of land reserve is to implement regulation, control the total amount, structure and timing of land supply through timely and moderate supply of land in a planned way, and enhance the government's ability to regulate the land market.
(B) a reasonable definition of land property rights, the supply of "pure land."
Reasonable definition of land property right is an important link of land reserve. The transfer of Mao Di (the land with buildings and structures on the ground that need to be demolished) involves complicated legal relations, and also involves the connection between the recovery and transfer of land use rights and the demolition procedures stipulated in the Regulations on House Demolition. At the same time, the demolition and development after the transfer is often prone to disputes. Net land is the land that has been developed in the early stage after demolition and has achieved "seven connections and one leveling" or "five connections and one leveling" and has the supply conditions. In the context of "difficult demolition and expensive financing", "net land" transfer is more in line with the requirements of most developers. The "Measures" stipulate that the procedure of land reserve is to recover the land use right according to law, and give reasonable compensation to the demolished people, and then redistribute the land. Moreover, land reserve institutions should carry out the necessary pre-development after the reserve land, especially the rural collective construction land collected according to law, is included in the reserve, so that it has the supply conditions, and the government supplies "net land", which clarifies the management of land property rights and is conducive to preventing the occurrence of idle land and hoarding land.
(C) standardize the management of land reserve funds
Land reserve needs a lot of funds, and the operation of funds is also very risky. In order to prevent risks, the Measures strictly regulate the management of land reserve funds. The "Measures" clarify that the management of revenue and expenditure of land reserve funds should strictly implement the "Interim Measures for Financial Management of Land Reserve Funds", and land reserve funds should be earmarked, accounted separately and managed in budget and final accounts. In the case of insufficient financial funds, it is necessary to carry out fund-raising activities. Where bank loans are involved, loans applied by land reserve institutions to banks and other financial institutions should be secured loans, in which mortgage loans must have legal land use certificates; Land reserve institutions applying for loans must meet the loan requirements of commercial banks and other financial institutions. The scale of loans borrowed by land reserve institutions shall be linked with the annual land reserve plan and the project budget of land reserve funds, and shall be reported to the financial department at the same level for approval, and loans shall not be issued beyond the plan or scale. Land reserve loans should be earmarked, closed management, and shall not be misappropriated. At the same time, it is stipulated that all kinds of financial funds shall not be used for land reserve loan guarantee according to law. Land reserve institutions shall not provide guarantees for third parties in any form.
Third, the problems that should be paid attention to in implementing the land reserve system.
(A) land reserves can not compete with the people for profits.
Land reserve is the behavior of the government, and land reserve institutions are government agencies. The purpose of government land reserve is to regulate the market and stabilize land prices, rather than hoarding land and waiting for it to rise. This time, the "Measures" limit the scope of land reserve to the existing land, so as to prevent some governments from reserving a large amount of agricultural land or even basic farmland and operating cities and land after expropriation and transfer. At the same time, in order to prevent the land reserved by the local government from being idle, if the land that has been converted into agricultural land and expropriated according to law has not been supplied for two years, the corresponding indicators will be deducted when the next year's agricultural land conversion plan is issued. The land reserve system should benefit the people and cannot and should not compete with the people for profits.
(B) Multi-channel financing to solve the funding bottleneck
At present, the investment channel of land reserve funds is mainly financial support. The government sets up a state-owned land revenue fund, and arranges land acquisition and reserve expenditures from the paid use income of state-owned land for land compensation, resettlement subsidies, compensation for ground attachments and young crops, compensation for demolition and early land development. The second is the credit channel, which deals with mortgage-guaranteed loans from banks. However, there are still problems of single financing channel and insufficient investment in land reserve funds. Therefore, in addition to government grants and bank loans, land reserve institutions can explore new financing channels. For example, the land fund system established in Xiamen has centralized land-related income into a unified land special fund and implemented the management of two lines of revenue and expenditure, thus solving the source problem of land reserve funds.
(3) organically combine land reserve with idle land disposal.
Land reserve is defined as controlling the total amount, structure and time sequence of land supply through planned and timely supply, so as to realize the macro-control of the land market by the state. When reserving land, on the one hand, we should give priority to reserving idle, idle and inefficient land; On the other hand, the land reserve should not be too large. When transferring the reserved land, we should consider the operation of the land market and supply it in an orderly manner.