Abstract: In recent years withdrawing villages and combining residences in many provinces and cities have been implemented in the country. However its legitimacy is questionable because its policy means of increasing anddecreasing has contradictions with Land Management Law and other upper laws; and its appropriateness is questionable because it is not similar to thesystem of land development rights abroad and it is imperfect; and the results of its implementation effectiveness with externality are unsatisfactory; whichcan not solve Chinas land problem. We should build a comprehensive system of land development right and improve the supporting systems.