A Study On The System Of Collective Land Circulation In China

Land resource has irreplaceable function to our country. It is the fundamentalconditions for economic development and stability of the countryside. Since the foundingof our country, we had made a series of land system reform. Also we had established thesystem of collective land use right and made big continuously development. Along with thedevelopment and improvement of resource protection, current flow system defects appearedslowly: the low level of compensation and imperfect system of land expropriation, led toa serious social contradictions; on the subject, there are too many restrictions on thecontractual right of land, both on the body and mode, collective construction land userights come into the invisible market privately, and bring a large amount of land circulationcontroversy or disputes; the imperfect related system and mechanism make the circulationof collective land use right unsmooth. Above the land problem, it is only through furtherreform the system of collective land use right can be perfected.Since2004, no.1of the CPC central committee has been released for ten consecutiveyears, the problem of "agriculture, rural areas and farmers" as the core of the national work.In the file "about comprehensively deepen rural reform to accelerate agriculturalmodernization of several opinions" in2014, the country put forward to deepen the reformof the rural land system, include perfecting the rural land contracting policy, grasping thereal right to the contracted management of rural land approval registrationagencies;Guiding and standardizing the rural collective construction land marketmanagement sex; Improving the system of rural homestead management;and also We needto speeding up the reform of land requisition system.Therefore, it is imperative to reformthe system of collective land circulation.The author of this paper based on the nature of land resource and comparing thesummary experience related legal policy and practice in our country. We can learn from theforeign useful experience about land expropriation problem and making changes on thereform of collective land expropriation system, contractual right of land investment andMortgage system, to exploring a way of directive trading on collective construction landuse rights system. We are conceiving a more thorough related system and mechanism.