Changes in the Land Policy and Land-related Legislative System Incidental to China’s Reform and Opening up, and Their Implications for the Unified Korea (중국의 개혁개방에 따른 토지정책∙토지법제의 변천과 통일한국에의 시사)

Bae, Sung Ho (배성호)

Changes in the Land Policy and Land-related Legislative System Incidental to China’s Reform and Opening up, and Their Implications for the Unified Korea

DONG-A LAW REVIEW
2016, (71), pp.1-28
Publisher : The Institute for Legal Studies Dong-A University
Research Area : Social Science > Law

Bae, Sung Ho ¹

¹영남대학교

Accredited

ABSTRACT

This study proposes to specifically review the land policy and land-related legislative system before and after China’s reform and opening up, grasp its system of land ownership along with its features, understand the land policy and land-related legislative system of North Korea, and, furthermore, derive implications for the land policy and land-related legislative system for the unified Korea in the days to come. Thee are a variety of discussions and views with respect to the integration of the land-related legislative systems regarding the land ownership and so forth after the unification of the two Koreas. In view of the historical process, realities and so forth due to difference of political systems of the two Koreas, considerable obstacles and difficulties lie ahead until a consensus on the integration of the land ownership systems has been reached. As a prerequisite to the unified system now under consideration, experiences from the special economic zones and special economic belt now under way in North Korea is expected to serve as a basis for the drafting of the land ownership-related legislative system for the unified Korea. At a time when the introduction of the right to use land in urban areas in the 1980s and its subsequent expansion into rural areas in China in order to solve problems related with the land is now starting to affect North Korea, it seems necessary to develop the current situation into a system congruous with the North Korean situation. In doing this, numerous elements including both positive and negative aspects of such developments could be taken into account that include the fact that the introduction of a dual system of right through the separation of land ownership and land use in the early days particularly in China that assumes joint land ownership as a basic premise made it possible to steer clear of conflicts with socialistic ideals and to lower costs incurred in the process of t he systems transition, that privatization of the use of national lands was being accelerated through such measures as automatic extension of the right of using land sites for urban housing projects and so forth after the period of the government transfer of the right to use lands has expired, thereby causing such problems normally observed under the private land ownership system as land price bubbles, speculations and housing price hikes to take place all too often recenlty in the Chinese real estate market. While, in the case of farming villages in China, such system as the farmer’s right to cultivate lands is implemented proved to be somewhat successful, migration of farming population to urban areas and so forth as a result of urbanizing trends may cause farming villages to be hollowed, which in turn will cause reduction of farming village productivity, ultimately leading to reduction of farmer’s incomes. This will cause income gaps between urban areas and farming villages to further widen, thereby causing inequality of the Chinese society. The foregoing elements could also be taken into account in understanding the Chinese society.

KEYWORDS

land policy, land legislative system, state ownership, organization ownership, China, North Korea, unification

KJCKorea
Journal Central

DONG-A LAW REVIEW 2023 KCI Impact Factor : 0.65