The Legal System Research Of Rural Land Management Of The Construction

Chinese current legal system exist defects in the ownership and use of rural land. So consummating the rural land law is a hot debate. More and more regulations and policies were legislated to regularize the use of rural land. However, some local governors still exist error conception about land utilization. In this paper, laws and regulations of rural construction land were analyzed, some defects were found out from this system, and several improvement suggestions were presented. First, the definition of rural collective construction land is not clear, the ownership of the collective construction land is ambiguous. Rural collective construction land shall be given two layers of meaning, in order to prevent the rural construction land is transferred to state-owned land, namely, the concept of rural construction land is in narrow sense defined as located in rural areas and is used by peasants and collective peasant; in broad sense, rural construction land use refers to the rural collective construction land. Secondly, the regulations on rural construction land were reviewed. It is found that the law system of rural construction land is related to the ownership reform and mode of economic development. With the rapid development of market economy, the speed of urbanization, new rural construction, and the strength of farmers'financing needs, rural real-estate market will gradually set up. It is imperative to speed up the construction of legal system to regularize rural land circulation. Finally, specific deficiencies of rural land regulations are including rural construction land ownership system, and lack of strong law enforcement. The reason is the lag in the legislation, legal system is not perfect, and lack of effective system security mechanism. After the corresponding problems, puts forward the following measures to improve. First, then right legislation idea, fairness, justice, but also from the human-oriented idea, sustainable development and environmental protection; Second, must hold the existing land legislation opportunity, make full use of politics, economy and so on various aspects of process conditions to land legislation in our country, especially in rural construction land legislation, Third, perfect the existing rural construction land management law system, including property rights system, registration system, the planning system. Fourth, the construction of rural construction land safeguard mechanism of effective legal system. A suggestion of formulating the Rural Real Estate Appraisal Method and Land Acquisition Compensation and Landless Peasants Basic Living Standard Security is represented. This rule can solve the idle construction land expropriation.