Constitutional Explanation of Chinese Land System: Issues, Disputes and Balance

In recent years, our land system induces many disputes, focused on the different explanation to the tenth article of the Constitution. Many scholars try to ' go back to the Constitution”, and solve the disputes by an formal explanation of the articles concerning land in the Constitution. However, owing to different individual methodology, the disputes could not be solved by the explanation of the articles concerning land in Constitution through the theory of basic right, and, in fact, the kernel point of this dispute lies at the distribution of the revenue of value-added of land. This distribution is closely related with the Constitutional system. Therefore, it must be cautious to deal with the basic frame of land system established by the Constitution and do not violate the Constitution in views. As for the decision-making sectors, attentions should be paid to the changes of land system, especially to the readjustment of the mechanics of distribution of the value-added revenue of land, which is to be conformed to the current stage of citification. It is also important to balance the effects of this change.