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当前位置: 首页 >> 地方版块 >> 北京 >> Ren Zhiqiang Tan Natural 11 orders, expect land use rights transfer open, fair, equitable
Ren Zhiqiang Tan Natural 11 orders, expect land use rights transfer open, fair, equitable
——任志强谈国土资源部第11号令,期望土地使用权出让公开、公正、公平

作者:     来源:中华建筑报     发表时间:2006-06-19     字号:    
Land 11 orders overall newly published "bidding auction listing transferring state-owned land use rights provision" will be officially implemented on July 1 this year. Currently, on the issue of transferring state-owned land use rights from the land supply market approach into a political issue involving corruption. So from the perspective of preventing corruption, from central to local governments are the first from a system with regulating land supply channels, introduced compulsory transfer of land use rights provisions of the tender and auction. Expect to rely on the "tender and auction," to strengthen the transferring of land use rights in an open, fair, impartial and honest, to prevent the use of individual officials in the transferring of land use rights for personal gain, but also prevent a small number of business groups and individuals access to land "speculative" to seek huge profits.

Renzhijiang that this "provision" to solve the problem about the following five :

1, disorderly recent years land supply, without accounting for the many projects, resulting in wastage of land resources and waste. Through the "tender and auction" by the government-controlled land in a planned total market supply to meet the real estate market macro-control role ;

2, land prices out of control because of the many crimes resulting increase in land costs, and numerous land deals is no open land supply market. Therefore, the "tender and auction" to resolve the "land costs" reduce, prevent and reduce crimes "real" ;

3, agreements transferring no way to introduce market competition mechanism and the lack of openness is a major source of official corruption, but also the root cause disorderly land supply. Using "tender and auction," China has stopped its way to prevent corruption and to make the land market transparency, oversight and management ;

4 benefit, the power of national ownership of land, land value-added benefits to be established at the government. Several land deals were not on the value-added profits in the pocket. When all the agreements banning the sale, the proceeds belong to the land value of all government. "tender and auction" can also be used in accepting the highest competition more additional revenue ;

5, land transfer agreement not to the strength of the many "shell" companies with an opportunity to use their relationship to land, and strength in development but profit. "tender and auction" can eliminate those without strength "shell" companies, which carry out development genuine strength enterprises access to land, in favour of regulating the market.

In short, "the tender and auction" to the government, in terms of benefits to the market more, promising. That is why, in the "Real Estate Law" legislation with the "transferring Ordinance" (55 orders) will be issued when the "tender and auction" in the use-right of state-owned land sold three ways. And provides "conditional must take auction, tender, can not take auction, tender, the two sides agreed to take. "(Real Estate Law Article 12). Then tried to use legislation to solve the problem of re-thinking on the merits scrutiny. Of course, the 11 orders with a major difference is that in the past the only one cited "property law" in the first half of Article 12 (semi-luxury residential land will be replaced by a commodity residential), and cut "can not take auction, tender : :" Lot. Such an approach could eliminate the agreement transferring the land, but whether it is conducive to the development of the property market on the unknown.

It is understood that two of the 11 orders were clear on the "tender and auction" acts made provisions which are very clearly defined by the government as one of the acts. Article IV of the land must be sold nature made. But there is no clear need for such listing, tender or auction sites for land management authority. According to the above understanding of the coherence and take it that these people are out of the land management authority is the right to ownership and use of land? Then on the jurisdiction of the document is very clear. 11 orders of the government as one of the only jurisdiction ownership and land use rights of business sold, the people are not entirely without jurisdiction and ownership of land use rights transfer.

11 orders made plans for the land transfer activities. Starting from the overall need for a macro plan means to regulate and control economic activity. But if the land transfer programme completely controlled by the government, government bodies on the market to test the analysis and judgement. Hainan has occurred in the past with the way the North Sea can not say it has nothing to do with local government regulation setback

When real estate development have become the mainstream in economic construction, a land supply and regulation will directly affect the region to the country's economic development. When land supply shortfall is the economic impact of the terrible; When excessive supply of land, the economic impact is equally terrible. The haphazard nature of the plan has been for decades the development of China has been proved by history, China from a planned economy to a market economy only. The market economy is also to the success of the government's "rule by doing nothing" and rely on free competition and private investment in the autonomous formation of SMEs is the dominant model of economic development. Perhaps the introduction of the new approach is not conducive to dealing in the financial capital market is underdeveloped, the SME competition. Without the participation of SMEs in the competition, there would be no market active sexual (all major state-owned enterprises, investment from outside is small and China, and China Great), the market may be eliminated in administrative monopolies, SMEs, but also eliminated the market vitality.

land supply plans sold only affect the real estate market itself is not a problem, and will affect the entire market economy. All hope of transferring the land market to play a positive role in promoting the regulation of the market and to stabilize and control the real estate market steady development, and promote the development of the entire national economy.

国土资源部11号令即指新出台的《招标拍卖挂牌出让国有土地使用权规定》将于今年7月1日正式实施。目前,关于国有土地使用权出让的问题已从市场中的土地供给方式转化成了涉及腐败的政治问题。于是从防止腐败的角度出发,从中央到地方政府都首先从制度入手规范土地供给渠道,出台了强制土地使用权招标和拍卖出让的规定。期望能靠“招标与拍卖”来加强土地使用权出让的公开、公平、公正和诚信,来防止个别官员利用职权在土地使用权出让中谋求私利,也防止少数经营团体和个人利用土地的“炒买炒卖”来谋求暴利。

任志强认为此《规定》要解决的问题大约有以下五个:

1、这几年土地供给量无序,许多项目占而不开,造成土地资源的流失和浪费。通过“招标和拍卖”可以由政府控制土地市场总量的有计划供给,以达到宏观调控房地产市场的作用;

2、房价的失控是由于土地的多次倒卖造成了土地成本的提高,而多次土地的倒卖在于没有公开的土地供给市场。因此,“招标与拍卖”能解决“土地成本”的降低,防止倒卖而降低“房价”;

3、协议出让的方式没有引入市场的竞争机制,缺乏公开性是造成官员腐败的重要根源,也是造成土地供给无序的根源。用“招标与拍卖”的方式卡住了源头,可以防止腐败,使土地市场透明化,有利于监督和管理;

4、土地的权力归国家所有,因此土地增值的收益应归政府。多次的土地倒卖中的增值利润都没有落在政府的口袋里。当禁止了所有的协议出让之后,土地的全部增值收益都属于政府了。“招标与拍卖”还可以在价高者得的竞争中获得更多的额外收益;

5、土地的协议出让给了许多没有实力的“皮包”公司以机会,使他们利用关系来获得土地,又实力进行开发而只是倒卖。“招标与拍卖”可以淘汰那些没有实力的“皮包”公司,而使真正有实力进行开发的企业获得土地,以有利于规范市场。

总之,“招标与拍卖”对政府,对市场而言好处多多,大有可为。正因为如此,在《房地产法》立法时与《出让条例》(55号令)发布时就将“招标与拍卖”列入了国有土地使用权出让的三种方式之中。并且规定“有条件的必须采取拍卖、招标方式,不能采取拍卖、招标方式的,可以采取双方协议的方式。”(房地产法第十二条)。那么试图用重新立法来解决问题的思路就值得推敲了。当然,这次的11号令与以往有重大的不同在于一刀切的只引用了“房地产法”第十二条的前半段(半将豪华住宅用地改为了商品住宅),而砍掉了“不能采取拍卖、招标方式的……”后地段。这种一刀切的办法可以根除协议出让的退路,但是否有利于房地产市场的发展就不得而知了。

据了解,11号令第二条明确的对“招标与拍卖”的行为做出了规定,这些规定都非常清楚的限定着政府作为出让人的行为。第四条中对必须出让的用地性质做出了规定。但没有明确这些必须挂牌、招标或拍卖土地的用地权属。根据上文的连贯性理解,是否可以认为这些土地的权属都是出让人所拥有所有权和使用权的土地?那么文件中的管辖权就十分清楚了。11号令只管辖政府作为出让人对拥有所有权和使用权的经营性用地的出让行为,而不管辖......More

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