Difficult Position and Its Countermeasure Suitable to the Terms of Public Interests in Land Collection

The new Law of Land Management clearly defines the terms of public interests in the system of land collection. Ever since the founding of the People’s Republic of China, “national construction” has gradually become a substitute term for “public interests” in the system of land collection, which has many-sided influence on the understanding and application of the terms of public interests after the new law based on a consistency of the law enforcement of the government. The character of public-private interests mixture as the target of land-developing should be displayed for setting-up standards, the process of land collecting and the standards of compensation, etc., in “large space development” as a type of public interests in starting land collection. By the logic of system, there appears a crack between land collection and the in-market of the collective land for business construction, as well as a crack of using land-planning right for land collection rights. In this case, it is necessary to systematically explain the related policies, so as to meet the regulations efficiently. The idea of compensation for land collection lags behind, and there exists a clash in the mechanism of revaluation between the established non-marketing standard of compensation and the mechanism of value-added distribution system in the in-market regulation for the collective business construction land. It is highly necessary to turn the idea of land compensation to the market, and to introduce the tax system for the second time distribution for the purpose of value conformity of the two systems in the distribution mechanism of value-added land.