The Study Of Rural Collective Construction Land System

The land system is the groundwork in the rural area. The construction and reform of the system is fundamental and original all the time to solve the problems about agriculture,rural areas and peasantry and promote the economic and social development in the rural area. On the foundation of the in-depth research of law,regulations and policies about collective construction land, taking Taian City for example, using methods of example analysis and system study , from the perspective of law and practice and the level of micro and macro,the thesis studies the system standardization of present rural collective construction land from the need of basic rules of market economy and guided by the spirit of the Third Plenary Session of the Seventeenth Central Committee. The main conclusions are as follows:In the norms of legal system, the collective construction land has defects and is unreasonable and inconsistent with objective reality.Through regulation analysis of the laws such as Constitution, Civil Law, Property Law, Land Management Law about state-owned construction land and collective construction land ,the latter strictly limits to the land subject, scope and methods and prohibits market turnover in general. In contrast to the state-owned construction land, the people of right only enjoy possession and use rights but seriously lack rights of disposition and earning. On the condition of market economy, the rural is a large market and has a huge and objective need for construction land. However, there are no corresponding land supply in laws and policies. Such laws and policies do not accord with the reality of economic and social development in the rural.In fact, collective construction land with large scale and many problems turns over in market. Through the study of the size, change,approval and register of the collective construction land in Taian, the thesis summarizes the general condition of collective construction land and analyses the problems about the use, planning, circulation and management of the collective construction land taking Taian for example.Along with the development of market economy and the construction of the state-owned land market in cities and towns, the land turns from only resource to both resource and assets and its assets and market value are more and more obvious.The scale and scope of the collective construction land circulation continuously expands and forms the invisible market of collective construction land at present.The main reason for the problems of collective construction land is the urban-rural dual social structure.There are dual economic and social development in the urban and rural of China. And this affects the laws, policies, system and management of the construction land and forms the typical two-track system between the urban and rural. On this basis, the high monopoly of the primary market of the land from government, administration not in place and the development of the rural economy are also important reasons.At present, the reform and exploration of collective construction land take marketization as basic way.The cities that take earlier reforms are as follows, Wuhu in Anhui Province, Huzhou in Zhejiang Province, Nanhai in Guangdong Province and Kunshan in Jiangsu Province. Taking the collective construction land reform of Chongqing and Chengdu for example, the main way is that the collective construction land does not levy as state-owned land and is allowed to enter market transactions directly. It allows the farmers and the collective land to trade equally through the land market and gain benefits from differential land.To improve and perfect the ownership system of the collective construction land and gradually establish the land circulation market, the reform should insist on the principle of "distinct property rights, use control,saving and intensification, strict management" , act on the demand of market economy rules, perfect the rural collective land property system in laws, establish circulation market of collective construction land and allow all kinds of market subjects to use and trade the land on the premise of conforming to the plan and use control. The thesis puts forward specific suggestions on six fields that is the construction of property right system, circulation market mechanism, income distribution , land levy, government regulations control, supervision and management. In order to establish the framework system of the land, it also makes catalogs of laws and regulations that need to formulation and revision at present.