중국 「토지관리법」의 최근 개정 동향

Abstract

At the 12th session of the Standing Committee of the 13th National People's Congress on August 26, 2019, the revision of the" People's Republic of China Land Management Act" was passed. The revised plan is to go into effect on January 1, 2020. The Land Management Act, enacted on June 25, 1986, was enacted as a basic comprehensive act on land after the Chinese government advocated reform and opening-up policies. This Act is a law that regulates legal relations under the administrative law related to land management and civil rights concerning land, and plays a major role in the protection of judicial rights, including administrative regulations on land. The Land Management Act was then revised in August 1998. As the Act on the Property Law was enacted in 2007 and the need to revise the Land Management Act again was raised, the revision work, which was carried out in 2008, bore fruit in August 2019. The work on the revision is not an overall revision, but only a partial revision, as was the revision in 1998, but its contents contain very important things that will have a great impact on Chinese society. The first is that the distribution of land for construction of rural groups, which was previously prohibited from transferring or renting land, was allowed. Land owned by rural groups was also allowed to be used by other institutions or individuals through transfer or lease, if the land was registered in accordance with the land use plan and was approved by the law by two-thirds or more of the group members. This is simply a drastic change for socialist China, which has a land-sharing system. The second is a full change in land expropriation. The concept of public interest clearly defined the procedures for expropriation of land and diversified the contents of compensation expenses as a measure to protect farmers in the expropriated farmland and clearly laid out the criteria for the expropriation of land The third is an improvement on rural housing land. In other words, rural farmers who moved to cities and settled on their own could evict themselves from rural housing sites if they wanted to. Fourth, the concept of permanent basic farmland was adopted and the “basic farmland” of the provisions of the Land Management Act was changed to “permanent basic farmland”. As a result, it had ensured the realization of farmers' right to live. The revision can be assessed as not just a modification of the text but an ideological grave transition and embodied the value ideology for permanent protection of basic farmland. Fifth, the Act on the Registration of Real Estate Registry and the Registration of All Land Ownership and Use Rights was enacted in accordance with the Act on the Registration of Real Estate and the Administrative Law. Finally, the Land Management Department was clearly designated as the Natural Resources Week Department of the State Council, and it seems that the agency that received the power from the State Council could supervise the land use and the land management situation, thereby reinforcing the government's supervisory function on land management. However, the amendment does not mean that China's land legislation has been completely overhauled. China's land-related legislation is still in the unfinished stage, and its revision work is still in progress and is expected to continue to change in the future in accordance with the changes in the social and economic system.