China's land management system and the momentum of the vigorous development of tourism compared with some lag. Due to the limitation of land use index, many planned tourism projects cannot be started due to the lack of land index. The phenomenon of "there are projects, funds, lack of land and difficult to implement" is quite prominent, which seriously restricts the development and construction of tourism projects.



With the rapid development of tourism economy, the contradiction between the increasing demand of tourism industry land and the limited construction land index is more and more prominent, which has caused a series of illegal and illegal tourism project land phenomenon. At the same time, the existing land management system lags behind the actual development of tourism industry, which is not conducive to the development and management of tourism land. In order to make better use of land policy tools, strengthen the guidance to the development of the tourism industry and promote the healthy development of the tourism industry, this paper focuses on the problems existing in the current tourism land and puts forward corresponding countermeasures on this basis.


First, the concept of tourism land


China's current laws and regulations have not made a clear interpretation of the land for tourism. "Land Management Law" only mentioned that the construction land includes urban and rural residential and public facilities, public mining, traffic and water conservancy facilities, tourism, military facilities, etc. But what is "tourist land" is not clearly pointed out. Land and construction departments have their own internal classification systems for tourism land, which are contradictory and overlapping, resulting in the inconvenience of direct communication between various departments, which is not conducive to the development and management of tourism land.


We believe that tourism land refers to the land that mainly provides spatial support for tourism products and supporting service facilities. Its ownership nature can be state-owned or collective-owned, and its land use type can be construction land, agricultural land or unused land, or any two or three kinds of mixed land. In cities, according to the Regulations on the Sale of State-owned Land Use Right by Bidding, Auction and Listing, which came into effect on July 1, 2002, "all kinds of commercial land, such as tourism, entertainment and commercial residential buildings, must be sold through bidding, auction or listing." Tourism land is one of the most profitable land in China, which is parallel with commerce and entertainment. Generally, it is paid for by means of bidding, auction or listing. According to this regulation, city travel enterprise obtains travel land, procedure and formalities are legal, do not exist too big problem. More problems are mainly suburban and rural tourism land. Since the 1990s, with the sudden increase of national demand for leisure tourism, many leisure farms and sightseeing gardens relying on rural agricultural land, as well as many commercial leisure tourism facilities such as golf courses, ski resorts, resorts and theme parks have appeared around big cities. However, China's land management system lags behind the booming momentum of tourism, and investors avoid the existing land management policies for their own economic interests, resulting in chaos of suburban tourism land.


Second, the existing problems of tourism land

1. The contradiction between the growing demand for tourism land and the relatively scarce construction land indicators is very prominent. With the rapid development of economy and the growing demand for tourism products, the investment enthusiasm of tourism projects in various places is high, and the amount of tourism land has increased significantly. The construction of many new tourism projects needs to occupy a large amount of land, which has become a new growth point of tourism land. However, due to the limitation of land use index, many planned tourism projects cannot be started because of the lack of land index, and the phenomenon of "there are projects, funds, lack of land, difficult to implement" is more prominent, which seriously restricts the development and construction of tourism projects. Even if the tourism project obtains the land use index after multiple levels of examination and approval, the supporting tourism public service facilities, such as roads, sanitation, tourist collection and distribution and other basic supporting facilities, cannot be constructed due to the lack of land use index, which affects the play of comprehensive tourism benefits.


2. The connection between tourism planning and land planning is not paid attention to during the preparation of tourism planning, which leads to the failure of landing. In many places, tourism projects are not included in the overall land use planning, so it is difficult for tourism projects to get development space. In the general land use planning with a planning period of 15 years and the general urban planning with a planning period of 20 years, the specific spatial positioning of tourism project land is relatively difficult, resulting in the land use general planning and urban planning can not be precisely landed, that is, the "difficult landing" problem.



3. Rural tourism land is in chaos. This problem is caused not only by the farmers' pursuit of illegal land for their own interests, but also by the lag of the country's rural land expropriation and circulation system. First, the rural tourism land continues to expand, most of the legal land procedures. From the perspective of land use, many rural tourism lands have not changed their original natural properties. However, from the perspective of management, these land use types have changed from agricultural land to non-agricultural use, that is, non-agricultural construction land, which will occupy the indicators of construction land and special indicators of agricultural land in land use planning. For example, many "farmhouse" facilities are developed on the homestead owned by farmers and do not have the property of commercial land development. Even the development of large-scale tourism projects by using forest seedlings resources is also limited by the agricultural land attribute of the land. In order to circumvent the current policy, many local governments do not go through the procedures of transferring farmland to use or expropriating farmland, or adopt the methods of "renting instead of expropriating farmland", which to some extent leads to the confusion of land use and does not conform to the current legal provisions. Secondly, the reform of rural collective property rights system lags behind, which affects the development of rural tourism. At present, the vast majority of rural tourism land, such as farmhouse, village hotel, leisure farm and agricultural tourism, is used for collective construction land through leasing, or the owners of homestead operate independently. However, it is restricted by law that farmers engage in rural tourism by buying shares of the right to use the homestead. Because of the collective construction land circulation policy norms has not yet come, collective construction land cannot mortgage financing, short-term mentality, investors are difficult to form scale, and restrict the rural tourism quality upgrading, particularly in the social capital in the construction of cooperation with farmers to develop rural tourism, income distribution is not clear because of the unclear property rights, farmers' rights and interests of investors is difficult to guarantee.



4. The real estate "kidnapping" tourism phenomenon is prominent. The so-called real estate "kidnapping" tourism refers to engaging in real estate development in the name of tourism development. Due to the high cost of land acquisition in the real estate industry, some areas, for economic interests, use land that has not been approved by the state, or use construction land that has been approved, build villas in the name of tourism, carry out real estate development, and obtain huge profits. Some large tourism areas, from the project design, organization and operation mode, are the same as the original industrial development zone, real estate development zone. The "raw land" will be transformed into "mature land" mainly through the government's advance investment, and then the "land-based financing" will be rolled out for development. Industrial projects and high-grade real estate development projects will be hidden in the development projects. This kind of illegal land use pattern in the name of tourism development and real estate development has great harm.



5. The economical and intensive level of tourism land needs to be improved. First, extensive tourism economic growth model causes prominent waste of tourism land. Due to the access standard is too low, lack of investment, output rigid constraint indexes such as intensity, parts remain rely on low-cost landscape resources endowment realize the tourism development of the industry scale expansion mode, there are low levels of homogeneity development mode and simple backward management mode, lead to low level repeated construction, the waste land, land resources of tourism value is not fully reflected. Second, inefficient use of stock land and idle phenomenon is relatively serious. Because the land is suitable for the tourism industry (construction) of standard and scale control system is imperfect, the lack of economical and intensive land use evaluation standard in tourism industry and regulatory system, universal existence ", revitalize the stock to increase construction, short-term benefit, ecological benefit ", inefficient and idle stock land situation is serious. Third, the supporting system of tourism increment land has not been established. A supporting system for the development of tourism industry projects has not yet been established for the utilization of unused land such as barren hills, barren slopes, barren beaches and rocky desertification land, for the revitalization of abandoned industrial and mining construction land, and for the stock land of enterprises and institutions. Fourth, "high-end" tourism projects occupy too much land. In recent years, because of the need for tourism development of many areas, aimed at the so-called "high-end" blindly, on a batch of the golf course for the high-end market, ski resorts and theme parks, such as hot spring resort tourism projects, the four types of tourism projects redundant construction is serious, the amount of land is too big, affects the efficiency of the land used for tourism.



6. The existing land management system does not meet the needs of the development of the tourism industry. First, the examination and approval procedure of tourism land is complicated and the examination and approval cycle is long. Although the land use of some tourism projects has not been changed, due to the change of land use right, it needs to be expropriated and approved. Due to the high level of approval and many procedures, the project land is approved slowly and the period is long. As a result, investment opportunities are delayed and illegal land use is increased in order to avoid the approval procedures. Secondly, tourism land transfer price is high and fixed number of year is short. Due to the tourism industry there is no separate land use categories, basic around by 30 to 50 years of profit-oriented land transfer, because of the tourism industry itself has a high investment, high risk, low income, slow return of industry characteristics, combined with not separate the benchmark land price, the land used for tourism in evaluating the land price, the main reference for commerce service class benchmark land price, cause tourist land transfer price is on the high side, it is difficult to attract investment and tourism development. Third, land use policy is not consistent with the actual development of tourism. Due to its own characteristics, and the land used for tourism land plot ratio and building density less than industrial park (tour land plot ratio between 0.1 0.4, basic building density at around 20%), but most of the existing land use policy in accordance with the requirements for industrial standard, regulation volume rate must be above 0.8, obviously do not meet the requirements of the policy, the land used for tourism cause place for approval purpose, fraud and deception.



Third, measures to optimize the policy of tourism land



1. Determine the classification standard of tourist land. The tourism department and the land department will conduct a systematic and comprehensive investigation on the tourism land, determine the quantity, ownership and distribution of the current tourism land, and on this basis, put forward a classification standard of the tourism land, which will lay a foundation for the classification management of the tourism land.



2. Focus on ensuring the planning targets of new construction land for tourism. As the strategic pillar industry of national economy and the emerging service industry, there will inevitably be more tourism investment demand in the future, and the new tourism land is inevitable. Therefore, land administrative departments at all levels should take the development needs of tourism industry into full consideration when compiling annual land use plans. In the examination and approval process, land departments should open up green channels for tourism land applications.



3. The compilation of tourism planning should be incorporated into the overall planning system of land use in various regions to improve its legal status. The contradiction between land use planning and tourism planning should be avoided when planning the same land parcel or the same region, so as to improve the operability of tourism land planning and reduce the contradiction between them.



4. Classified management of rural tourism land. The existing rural tourism should continue to be allowed to exist. The rural tourism project land is calculated according to the guaranteed area, and the land exceeding the area should be paid for use. For farmers who use their homestead to carry out tourism reception activities, only business tax shall be levied on them. For farmers who build operating facilities outside the homestead, a system of compensated use shall be implemented and land usage fees shall be levied.



5. Explore and encourage the combined use of other land and tourism land. The diversity of tourism demand also provides the possibility for the transformation of industrial, religious, military and other special land to tourism land. The transformation of these lands into tourism land can be divided into complete transformation and partial transformation. The former refers to the change of the original function to make it completely into tourism land, such as rebuilding some abandoned industrial and mining land into hotels, bars, hotels, etc. However, since these land uses do not coexist with two ways of use, they do not belong to the composite use. The 798 Art Zone in Beijing, for example, has developed into a popular tourist area on the basis of a former factory. The latter refers to the development of tourism on the basis of maintaining the original function, that is, compound utilization. Some factories, temples and military bases can be developed into tourist land to develop industrial and military tourism.



6. Encourage the use of the "four wasteland" (barren hills, gullies, hills and beaches) to develop tourism projects. According to the actual situation, various localities have issued corresponding fiscal or tax policies to encourage some large-scale land-use tourism projects to utilize the four wasteland for development, such as golf courses, ski resorts, theme parks, etc.