중국의 ‘3항 토지제도’ 개혁 실험과 (신)<토지관리법> 개정안 분석

In the socialist country of China, the land system is the basic system of the state, related to the development of economic society and the stability of long-term governance. In August 2019, the Standing Committee of the National People’s Congress passed the amendment to the Land Management Act, a key law in China’s land system. This paper examined the reform experiments of the ‘three land systems’ promoted for four years from 2015 to prepare the amendment to the Land Management Act, and compiled the main contents of the amendment to the Land Management Act, which passed in 2019, and analyzed its meaning from various socioeconomic perspectives. The core contents of the Land Management Act are the reform of the rural land expropriation system, the permission of collective management construction land to enter the market, and the reform of the housing system. In particular, the existing clause that land used for non-agricultural construction must be used for national land was deleted. This allows collective management construction land to enter the market directly without having to go through the nationalization process. The scope of land expropriation was reduced to six categories, but the road to land expropriation remained for the government-led urban construction. The reform of the housing system was so prudent that it still prohibited the free trade of the right to use rural housing sites. In a comprehensive assessment, China has taken gradual reforms in the direction of marketization of land resource allocation and the enhancement of farmers’ land rights, while avoiding drastic changes in the existing land system through the amendment of the Land Management Act.