Font Size: a A A

A Research On The Legal System Of The Interests Sharing About The Added Land Value On Rural Collective Land

Posted on:2018-09-01Degree:DoctorType:Dissertation
Country:ChinaCandidate:X J GongFull Text:PDF
GTID:1316330515990489Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Rural collective land reform has a direct bearing on the price of housing,land finance,local government debt and other serious social and economic issues,which has already become a common view.How to share rural collective land appreciation accrual is one of key problems inevitable in the course of reform.There are two oriented options,the one is the benefit-oriented and the other is the crisis-oriented.The problem of sharing rural collective land appreciation accrual induces the negative emotion of injustice,anxiety and even the panic among the people.In case the destructive and dangerous emotion resulted from the social psychological unbalance is out of control for failure to cure,there is no choice to the reform but to take the crisis-oriented.Nowadays,we should attach more importance to the role of benefit-oriented during the reform of interest sharing about rural collective land appreciation accrual.The priority to research on the interest is to define the interest,which is the logical starting point to do the relevant research.Itís a common way to define the concepts related to land interest from the reason of land appreciation and features.As one of interests group,the rural collective land appreciation accrual has the general feature of interest,but also has some unique characteristics compared with the general interest at different times,with the wave growth from the perspective of the time,with the geographical features from the perspective of the space,with the outstanding external features from the perspective of the connection between the interior and exterior,with the sociality from the perspective of the origin,and with the dependency on the sources from the perspective of the appreciation space.Furthermore,the rural collective land appreciation accrual can be legally classified as usual way,but also can be legally classified in the graphical manner with the subject as the thread in accordance with the comprehensive criterion,and taking the rural collective land appreciation and the characteristics of the accrual into consideration,making the classification criterion as the first concern,and abandoning the way to attempt on the classification under the perfect rule from the perspective of the Concept Law.The reform on the interest is not reform on the generation mode of interests but on the mode of distribution,which doesnít pursue monopoly on the interests but intent to share the interests.Whether could achieve the interests sharing is the prerequisite to smoothly pushforward the reform and development,and the promotion of social justice is the development direction of the reform on the sharing interests of rural collective land appreciation accrual.Such deviation on understanding resulted in the errors of theoretical judgment and insufficient mechanism in the course of practice of existing reforms(although most of reforms not in the name of the reform on the interest sharing about rural collective land appreciation accrual),which makes the reform into the wrong.Thus,it is very necessary to take the perspective of social justice into the course of the reform.On the focus of the existing reform on the sharing interests of the rural collective land appreciation accrual,it nearly can be divided into three means: firstly,figuring out the right basis of appreciation interests based on the redefinition of the rights related to the land in order to establish the means to land property reform;secondly,focusing on the land transaction and circulation of the rural collective land so as to establish the means to land transaction reform with the view that the transaction is the essential part to make the land appreciation accrual which is embodied by the transaction interest;thirdly,putting in time and energy on the interests distribution in order to establish the means to interests distribution reform.Because of the difference in the focus of such three means,the effects are not the same,even the same reform is got both praise and blame.How to scientifically evaluate the development direction of legal system construction of the existing reform on the interest sharing about the rural collective land appreciation accrual,this essay inevitably choose the value judgment criteria to evaluate whether such reforms achieve the purpose of fairly sharing the interests of rural collective land appreciation accrual,and actually choose the judgment criteria to the fact to evaluate whether such reforms are practical and reasonable.And based on the correlation test,proving that strengthening the scientificity of system construction is the prerequisite to establish the justice,and the progressive reform under the dominance of the government is the best way to achieve the interests sharing about rural collective land appreciation accrual.Then,how to make the progressive reform under the under the dominance of the government and scientifically establish the system of the interests sharing about rural collective land appreciation accrual? There are three ideological levels: the first is the level of faith;the second is the level of cognition;and the third is the level of strategy.In the general sense,the political attributes of regime make the first level of ideology,the reform pursue the ideology on the substantial level,concerned about the second level of ideology,but just onlyon the first and second level,which will fall into the empty words,so the formal rule of law existed as ideology on the third level.The reform on the interest sharing about rural collective land appreciation accrual under the leadership of the Communist Party of China has already solved the problems of the reform targets on the level of cognition.Under the background of establishment of socialist country ruled by law,so the formal rule of law is the best option on the level of strategy.The achievement of the reform on the interest sharing about rural collective land appreciation accrual is independent on the promotion of the reform and carried out by the rule of law,which is the fundamental logical relationship among the interest sharing about rural collective land appreciation accrual,the reform on interest sharing about rural collective land appreciation accrual and the legal system of interest sharing about rural collective land appreciation accrual.The essence of interest sharing about rural collective land appreciation accrual is to make the macro arrangement on the prior interest distribution model and reorganize the governance mechanism in order to achieve the interests sharing.Thus based on the Meta Governance of Multi-level Governance,this essay proposes Meta Reform on interest sharing about rural collective land appreciation accrual,affirms the legalization and law reform on interest sharing about rural collective land appreciation accrual with the thinking of multi-value coordination,asserts that the interest sharing is the ultimate goal,system reform is the fundamental method,the legalization is basic guarantee,and the multi-value coordination is the practical approach.Establishment of legal system on the interests sharing about rural collective land appreciation accrual not only needs considering from the perspective of legal institution,but also needs multiple governance integrated with the government,market,and society from all aspects,specifically,including the establishment of the land expropriation reserve system with mixed model between government and market to achieve the market system so as to push the marketization of land transaction,construction of rights system on the interest distribution focusing on the land requisition compensation in order to establish the legal system on interest coordination as the goal.The interest conflict of the rural collective land mainly include the internal conflict of land circulation and the conflict arising from the huge profits owning to land expropriation,and the latter is the major conflict.The Profitability interest is the main form rural collective land appreciation,but which mainly emerged in the course of the transaction,hence the transaction is the important part of rural collective land appreciation.The first and foremosttask of establishment of legal system reform on the interest sharing about rural collective land appreciation accrual is the legal system reform on the land transaction.Market and government distribution are the most important two sub-systems of the social resource distribution,but the law is formulated to regulate the rights and powers related to resource distribution.In the course of bi-directions movement of the marketization and antimarketization,resource distribution is the key issue in jure.Establishment of the land expropriation reserve system with mixed model between government and market is the starting point to clear the relationship among land reserve,land expropriation,land transaction.To reform on rural collective land expropriation and compensation,it shall focus on the maintenance of market operation,exploitation of land resource advantage,ensurance of land supply,and advancement of economic benefits,to build governance approach with multi-center of government power,social power and market power,and establishing the system from aspects of national land reserve,land transaction,official interference,land expropriation and reserve,etc.The contractual governance of interest sharing about rural collective land appreciation accrual shall be consummated from the perspective of rights,and illustrated in contractual relationship.In this relationship,the contract is fallen into medium category,the benefit is fallen into purpose category and the right is fallen into the means category.The logical approach to the legal system reform on the rural collective land is right systematization of rural land rights,and the interest sharing about rural collective land appreciation accrual finally emerged by the distribution of rights.To consummate the right system of interest sharing by establishment of legal system on the rights distribution,it can provide the basis of rights to the interest sharing about rural collective land appreciation accrual.The legal system on the rights distribution of the interest sharing about rural collective land appreciation accrual is the supplementary to the existing legal system and generated from the existing civil law system.The existing mode of rural collective land expropriation and compensation under the dominance of the government with single center encroaches on the right of disposition land of relevant subject and against the market distribution.The different functions of property of rural collective land referred in the rural collective land expropriation reflect the different social relationship.In the different social relationship,the standards of social justice are not the same,which make the interest distribution become more complicated.Three kinds of social relationships in the land expropriation are based on the three kinds of common basicrelationships,existing in the three kinds of contracts,thus three kinds of governance modes shall be applied.During the process of the approach,this essay proposes to implement the right of land disposition,achieve the separation between the contracted management right and land management right,advance the credit of land management right turn into Property Right,particularly,consummate the system of membersí rights concerned to the relationship contract before the land expropriation and the right of disposition concerned to the transaction contract in the land expropriation by the way of logic process of Ownership-Membership Right-Contract Right-land use rights for contracting land-land management right.The interest sharing of rural collective land is not a process of the static state,the reasonable allocation of rights is first step to interests distribution,during the construction of the system,in addition to consider the rights allocation,and also need to consider the dynamic benefits conflicts.The interlaced operation of the system needs a traffic light,legal system of interest coordination is the traffic light of the system on the interest sharing about rural collective land appreciation accrual,and which make the benefits adjustment,benefits balance,interest balance and other consideration value more obvious and set the basic goal,the priority rules of among the rights and basic rule of interest coordination,to provide the rules of benefits conflict for the interests sharing.The value established by the interest coordination system firstly shall apply to the diversity of standards of justice,and the justice of the interests sharing about the rural collective land shall meet the needs of the initial right justice,free and equal transaction,and the justice needed by the distribution,then to resolve the needs of rights conflict.From the perspective of strategy,the needs for resolving the conflict can be satisfied by the establishment of the priority rule instead of the hierarchy rule,and the last is the needs of public interest,this essay proposed that the exploration of imperial principle and principle of proportionality and applied into the interest sharing of the rural collective land appreciation accrual which involved into the civil law,administrative law,and economic law intertwined with each other,which is very conducive to the diversified achievement approach to the public interest.
Keywords/Search Tags:rural collective land, interest sharing of land appreciation accrual, Meta reform, land reform
PDF Full Text Request
Related items