Recognition and Causes of Risks of Urban Stock Land Use Alteration〔*〕

Chu Yeqing，Sun Wei

(1.Center for Urban Management Research Anhui Jianzhu University, Hefei Anhui 230022; 2.Central sub-branch of the People’s Bank of China, Hefei Anhui 230022)

Ⅰ.Introduction

Urban stock land refers to land areas that may be further developed and utilized for urban construction, including idle land, and underutilized, low-productive land areas. As china is modernizing at a head-spinning pace with its urbanization rate up to 30%-70%, there will be immense demands of land for urban construction. However, facing restraints such as Three Suspensions Policy, Red Line of 1.8 billion mu Cultivated Land and ecological red line policy released by China’s State Council, land expansion will not be an available option. The preferably pragmatic alternative should be stock land, which can be exploited to satisfy the ever-growing appetites of further urban development. According to data from the Ministry of Land and Resources, the gap between actual supply of land and approved construction land from 2009 to 2015 is -25.7,-5.63,-2.4,7.52,19.62,20.61,13.88 hundred thousand hectares individually, showing that the stock land has released its potential and plays an increasingly significant role in the construction land supply.

As an important approach to develop and utilize urban stock land, use alteration means structural adjustments among construction land of different categories . Raking in social and economic benefits, and essential to maximize urban space for development, upgrade industrial structure, promote urban functions and enhance land values, land-use alteration is now being experimented in many places. In the meantime, it challenges the existing land use regulations which sets out principle norms on the subjects and procedures of approval but has no clear statement on disposition, restraints and interest sharing regardless of the established land use alteration approval system. Complex interest relationships inherent in land use alterations, and uncertainty caused by unclear statements, leaves certain marginal profits for interest holders to compete, generating numerous hazards in more than one aspect. That is why, how to identify and address these hazards is of vital importance to carry out the stock land use alteration and achieve relevant social and economic goals.

Ⅱ.Recognition of risks of urban stock land use alteration

Land is where urban economy, society and environment is based, so use alteration of urban stock land is closely linked to its economic growth and residential construction. Since use alteration of urban stock land risks economically, socially and environmentally, let’s see following risks and try to find their causes.

(1)Risk of return loss of the state-owned real property

Of profit-orientation, land use alteration presents itself a way from low profitability to high. As we know, country is the owner of urban land, there surely will be a return gap symbolizing country’s ownership of economy after alteration, but land users often target their own expected returns when they need land use alteration. In that case, the state-owned real property will risk return loss if unclear statements in alteration becomes the tool for a few people to seek profits.

As approval procedures of urban stock land use alteration states, land users, when an alteration is required, should sign an alteration agreement or resign an assignment contract, and adjust transfer fees after being authorized by assignors or urban planning administrative departments; Otherwise, any other alteration will be considered as an unauthorized one and the land users will be ordered to give back the land and fined by local county government according to article eighty under the People’s Republic of China Law on Land Management. But how will transfer fees and ground constructions be dealt with after land is taken back by land management departments? There are few practical regulations on this. To maximize their own profits, land users are very likely to alter the land use at their own will, a good case in point of which is the unauthorized alteration. Likewise, some land users even bribe local government officials to get legal alterations approval but actually they still do illegal alterations.

What’s more, the imprecise regulations against altering a non-profit land to profitable one will result in rent seeking, which makes optimizing returns of state-owned property inaccessible. As a kind of profit-oriented yet unproductive activity, rent seeking results from government’s restrictive interference in national economy, that is, to make rent-oriented resources hard to get by restricting the economic entity entering some rent-oriented economic areas or restricting rent-oriented supply.〔1〕If the land transfer approval system is adopted, original land users will probably bribe officials who has the right to approve alteration to get rent returns, hence rent seeking. In fact, some transferees try to get the land at a low price in a periphrasing way, say, declaring it’s used for industrial land at first but actually it’s for commercial use at last. What’s worse, for their own sake, some officials, with land transfer approval rights in hand, help transferees rectify urban planning and legalize their alterations.〔2〕In spite of additional price gap to be paid, transferees will get the land at a price much lower than that of a commercial land via bidding or auction or listing, which explains the covert loss of state-owned property returns.

(2)Risk of stock land recycling

Stock land may be used up or recycled. As increment land grows, local governments, driven by the idea of “land finance and GDP talks”, give priority to urban construction land indexes as much as possible but not land’s utilization efficiency, structure optimization and overall performance. According to Regulations on Land Use Alteration, land use alteration requires overall planning and urban planning of land use be altered and the land be transferred again via bidding or auction or listing if an land for industrial is altered into a profit-oriented land like for commercial, housing, traveling, entertainment, etc. However, those regulations can’t make increasing needs of land use alteration met, failing solving the conflict between control and development, though securing the macro regulation and control of use alteration. Land users have no choice but to avoid government policy restraints to alter land use. On one hand, original land users’ unauthorized alteration such as a land for residential into a land for commercial or other functional alteration of non-profit land, to which the government, considering interests in many aspects and having no drives, often keeps an blind eye. On the other hand, local governments carry out policies to encourage land alteration like old industrial plants into innovative industrial zones.〔3〕Even if that alteration beyond control can meet the practical alteration needs, it can’t meet the markets demands because land users targets only land’s maximized economic interests while neglecting its social comprehensive efficiency and structural optimization. Land shortages in the advance of urbanization short-sighted local governments who focus on economic developments when carrying out regulations on alteration. Considered as an emergency way to meet construction land needs, alteration without guide and control of macro planning becomes disordered and scattered. Enhancing the land use efficiency, land use alteration at present still belongs to extensive land use and may give rise to new stock land at any time.

(3)Risk of interest sharing imbalance

Located in the center of land of high commercial value, stock land has great potential for added value. For instance, the land price will increase to RMB5484/SQM from RMB760/SQM once an industrial land is turned into a residential land, as average land price of 105 major cities in China in 2015 indicates. The economic sharing theory says that added value returns should be shared in a fair and efficient way under the principle of “ownership and contribution matters” which needs a clear statement on property rights defining and protecting.〔4〕There are two rights related to the sharing of added value returns of land use alteration, say, developments rights and usufruct. On one hand, as land use alteration is in fact the development rights transfer,〔5〕added value returns of the alteration should be reasonably shared on the condition of a clear definition of land development rights. Although the development rights is namely owned by the state at present in China, it actually has not been enacted. For that reason, local governments may decide to do whatever they want at their own will or transfer out too much value of development rights when they fulfill development rights. Such actions as allowing land users to do alteration themselves or enacting preferential policies to encourage alteration will surely cause the loss of returns of state-owned property added value. On the other hand, Real Right Law rules that since construction land use rights belongs to usufruct, original land users should have the right to possess, use and derive profit from a thing, and be punished within the legal period. Based on that, original land users should also have had the right to derive returns from land-use alteration but eventually are deprived of that right by local governments for the so-called reasons of public interests or urban planning. Losing the right to use the land means they won’t benefit from land added value returns. As land value becomes clear and land users’ expected returns grows, original land users will take a negative attitude towards land alteration to seek their own interests. Their interest seeking will change into a game of house removal and rights protecting between relocated people and land developer, good cases in point of which are conflicts between forcible removal and protests, or notorious nail household. Therefore, land property right is born with a loophole that both public and private interests will suffer from loss if the added value returns of land use alteration can’t be shared by the majority. That either private interests exceed public interests or vice versa will possibly cause conflicts and even prevent land use alteration going forward.

(4)Risk of embezzlement of public land

Economically, it is a law of the market that once land for a certain use appreciates, land for other uses will surely be alter for that use. For example, owing to short supply of construction land, land for residential and commercial will be transferred at a high market price via bidding or auction or listing, while land for infrastructure like green land with little expected returns will be transferred at a low price or for free. At present there are no strict regulations on land use alteration. In this sense, it is permissible that land for infrastructure like green land, parking lot, roads can be turned into land for commercial or residential, based on which public land will take the risk of embezzlement because of the economy-driven preference of local governments and land property developers. What’s worse, developers are even encouraged by some local governments to build up plants on a green land, leading to the embezzlement of a green land. That embezzlement will give rise to inaccessibility of utility facilities and service to urban citizens, deterioration of citizens’ living environment, and unsustainability of urban development.

(5)Risk of pollution of industrial land use

Industrial land has high possibility of being polluted. If being not found and restored, polluted land will do much harm to people’s health and urban environment after land use alteration. Some studies show that 30% of industrial land is polluted.〔6〕Among industrial land pollution, heavy metal pollution takes the largest share and shows a grave diffusion. According to the State Environmental Protection Administration, thousands of industrial enterprises or more are going to move their plants within a few years, with tremendous land area polluted. The central government attaches great importance to the alteration of industrial land. The environmental protection administration requires that the soil toxicity should be assessed and restored before industrial land alteration. Nevertheless, since there’s no compulsive regulation on who should take responsibility for pollution and the cost of restoration, related laws seem not practical. Some local governments attached little importance to this issue so as to throw a threat to environment and people’s health after developing the polluted land without assessment or restoration. A good case in point was the poisonous campus where students were poisoned and sickened soon after they moved to a new school location that was a chemical plant previously.

Ⅲ.Causes of risks based on the game between interest holders

Land use alteration is how to share interest as interest is the essence of land use. Interest holders of the alteration include local governments, original land users and property developers. Those interest holders have their own targets that influence their behaviors. As Becker said in his book, Risk Society Theory, ingrown risks in the risk society come out of human’s decision and behavior.〔7〕In this game of interest, interest holders’ decision and behavior on the basis of maximizing their own interest is in discordance with the goal of land use alteration, thus resulting in risks.

(1)The conflict of different targets between the central government and local governments

Given that the central government requires local governments should have the right and be responsible for the vitalization of stock land, there is no interest game but the target conflict between them. Local governments act as both administrators and owners in land use. As the regulators and administrators, local governments should enact and enforce policies to realize the sustainability and profit maximization of land use, which is consistent with the target of central government. As the owner, local governments characterized as a rational middleman target only profit maximization, which is inconsistent with the target of central government. Conflict of targets leads to the behavioral paradox of local governments,〔8〕that is, locals governments start targeting sustainability of land use but end up with target short-term interest. This paradox results mainly from the achievement assessment set by the central government. With focus on economic indexes, the achievement assessment forces local governments’ officials to aim at maximizing interest as long as they’re in office to achieve best political performance. In that case, stock land use alteration, as a solution to conflicts between demand and supply in the urban construction and financial funds shortage in order to enhance the economic growth and officials’ achievements of local governments, is mostly driven by its enormous potential and returns. Hardly can officials at urban planning departments and land and resources departments get rid of the control of local when they approve the land use alteration because their promotion is decided by local governments leaders. As a result, there will appear the “organized irresponsibility” that for their own sake these two departments will collaborate with local governments so that supervision and restricts on local governments’ short-term land use don’t work any more.〔9〕

(2)The game between local governments and original land users

There is a game between original land users and local governments because of their different interest goals as the former is the land owner of land and latter is the land administrator. Targeting the maximization of overall returns of land use, the latter will try to guide former through their regulations to win the game while the former targeting the profit maximization accordingly can adopt a good strategy in response to those regulations. In such a dynamic game about complete information, local governments in an offensive place enact and enforce the regulations and original land users in a defensive place can choose either legal or illegal alteration.

The game can be represented by the extensive diagram shown in figure 1 below , where when the alteration is legal, B is original land users, G is local governments, and a and b are respectively interests of local governments and original land users; when the alteration is illegal, c is the excess returns for land users, p is the probability of illegal alteration being found, and t is the punishment.

Figure1Gamebetweenlocalgovernmentsandoriginallandusersinextensiveform

Only when c-pt>0 will original land users choose illegal alteration because returns of illegal alteration is higher than that of legal alteration. P and t is connected to supervision and punishment by local governments. Less serious supervision and punishment becomes, which means pt becomes smaller, more possibly illegal alteration will occur. Without drives, local governments will pay so little attention to supervising and punishing unauthorized alteration and rent-seeking as to make illegal alteration commonly seen.

(3)The game between original land users and property developers

The interest game between original land users and property developers is a game about removals and rights protection. In this game developers in an offensive place can choose fair compensation or unfair compensation before original land users in a defensive place can choose to protect their rights or not. It belongs to the dynamic one-off game about complete information.〔10〕The game can be represented by the extensive diagram in figure 2, where A is developers, B is original land users, a and b are respectively returns of land use alteration for developers and original land users when it’s a fair compensation; e is extra expected returns,εis the possibility of a successful rights protection, r is the return of compensation from a successful right protection, c is the cost for right protection, and m is the punishment for developers when it’s an unfair compensation.

Figure2Gamebetweenoriginallandusersandpropertydevelopersinextensiveform

Let’s analyze subgame perfect nash equilibrium in an inductive way. In the subgame where rε —c is return difference in between a right protection and no right protection , when rε—c>0, which means low compensation, lenient punishment and little possibility of a successful right protection, original land users will protect their rights; Otherwise, they won’t. In time period 1, when original land users give upon protecting their rights, developers will choose the strategy of unfair compensation; when original land users protects their rights, developers’ optimal strategy depends on e-m-rε: if e-m-rε>0, developers will adopt the strategy of fair compensation. As local governments and developers have interests in common in removals, with rights in hand, local former will offer good support to developers and even intervene, in the case of which removals is more conducive to developers than to original land users. The neglect of price for land use rights in compensation standards makes original land users dissatisfied but they can’t protect their rights in a legal manner because of forced removals and high cost for rights protection. For that reason, they have to protest in a negative way, only resulting in conflicts.

Ⅳ.Conclusions and suggestions

Different interest holders have different needs of expected returns of land use alteration, but all of them would like to maximize their own interests. The fact that risks of land use alteration are essentially caused by the sharing of land use returns requires that balance of interests of interest holders should be struck to prevent and control risks. The stock land recycling featured by high cost, a long-time circle , complicated interest relations, etc. can’t depend only on the government.

Looking back on the brownfield redevelopment in some western countries like the US, the UK, and Canada, we know it’s imperative that more importance be attached to encouraging the social community to be involved in and taking advantage of the power of multiple interest holders to make possible the recycling. Also, on the condition that stock land use alteration is leaded by the government in China, the governments should call for property developers, original land users and the public to take actions together to share expected returns of land use alteration. Here are some suggestions:

(1)Improving the management system of the stock land use

To improve stock land management system, there should be clearer legal procedure, restraints and ways of land use alteration in the land management law, legal responsibility for illegal land use alteration in such laws as the criminal law, administrative law, land management law, and so on. In case of illegal behaviors like the unauthorized alteration, rent-setting and rent-seeking, it should be clearly stated that local governments’ officials who has abuse their power for land use alteration should be strictly supervised and inspected and the cost for rent-setting and rent-seeking should be greatly increased; Combined by many departments like police and procuratorate and court, discipline inspection and supervision administration, industrial and commercial bureau, financial bureau, urban planning department, etc. a cooperative mechanism should be built to strengthen the law enforcement

(2)Keeping the balance of interest sharing

To begin, how to assess the local governments’ achievement needs to be redefined. In order to get rid of the idea of “GDP talks’, an assessment system that takes into account the economic growth, utility service and environmental protection should be built for local governments’ achievement. Next, how to share interests fairly and reasonably needs to be guaranteed. Local governments with the ownership of land development rights should have the preferential access to expected returns. Meanwhile, local governments should also yield some interest to original land users for the sake of their usufruct of the property in the payment for different land prices and the sharing of expected returns and encourage them to alter land use. As for the restoration of polluted industrial land, the government should relieve the burden on enterprises by means of returns yielding or preferential policies. What’s more, how to make sure interests petition rationally should be made public. Through a better system of letters and visits, interest holders will have a quick and accurate feedback on their interest petition legally. To reduce the cost for rights protection, the government can offer many kind of legal supports or back up some organization of rights protection so that interest holders can protect their interests rationally instead of irrationally.

(3)Establishing a system for the cooperation between multiple departments

It is very urgent to establish a system for the cooperation between multiple departments like land management department, urban planning department, environmental protection department, etc. All of those departments are involved in the land use alteration to avoid disconnections and conflicts between them in policies enactment and enforcement because each department concentrates only on its own liability. First of all, land use planning, urban and rural planning, environmental protection planning, and other planning should be all-in-one for better connection and coordination between departments; Secondly, based on the same platform for information about stock land, departments can have a review together on land use alteration in case of loopholes seeking or rent seeking.

(4)Building a system for the cooperation between multiple parties

Drawing lessons from brownfield redevelopment in western countries like the US, the UK, Canada, the government may found a organization to coordinate their relationship with private sectors.〔11〕For example, Canada’s OCETA, a non-profit environmental institute, plays a important role in improving communications between the government and private sectors and increasing the public awareness. As there are conflicts between interest holders in land use alteration, the government can build up a non-profit organization where interest holders like the government, land management department, planning department, environmental protection department, property developers, original land users, and civil society gather to deal with poor communication and coordinate the overall interest.

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〔2〕 石璐：《土地用途变更管制制度研究—以城市土地用途变更管制为核心的思考》，西南财经大学，2007年。

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〔11〕Thomas H R.Redeveloping Brownfields:Landscape Architects,Site Planners,Developers.New York:McGraw-Hill Professional Architecture,1999.

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TheRiseoftheHuxiangPoliticalGroupandTheAwakeningoftheHuxiangRegionalCulture——ResearchontheEffortofWangKaiyuntoConstructtheSchoolofHan-WeiandSixDynastiesPoem

Abstract:1859,Wang Kaiyun lived in Peking and organize his fellow poets to compile Anthology of Eight Dynasties. This literary activity was the important symbol of these poets who promoted Han-Wei and six Dynasties poem. This literary activity also show strong regional identity, political enthusiasm and poetic dream of Huxiang intellectual group because of the political aides status as Su Dang.Afterwards, Huxiang scholars pursued more and more cultural endeavor and confidence in the comprehensive areas such as imperial examinations, academics, sacrificing to the Confucian Temple and so on. This school poets whose leader was Wang Kaiyun constructed a Hunan poet pedigree from Wang Fuzhi to Wei Yuan and then to Wang Kaiyun and Deng Fulun. Therefore, obviously these efforts in literary areas grew out of a more profound background, which was the rise of the Huxiang Political group from the process to put down the Taiping Heavenly Kingdom Movement and the following conscious structure of the Huxiang regional culture.

Key words:Wang Kaiyun; the school of Han-Wei and six Dynasties poem; Anthology of Eight Dynasties; political group; regional culture

WuHuaidong,MaYu

Anhui University

ResearchonIntellectualPropertyInsuranceofExport-orientedEnterprises

Abstract:Chinese export-oriented enterprises have encountered a large amount of international intellectual property litigation which brought more than billions of dollars economic loss. Establishing intellectual property insurance will disperse the risk. The present essay illustrate the problems of Chinese export-oriented enterprises insurance and, on the base of investigation of foreign countries, give some suggestions such as improving legal regulations, implementing policy insurance etc.

Key words:export-oriented enterprises; intellectual property; policy insurance

ChengDeli

Tongji University