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Legal Thoughts On Collective Land Entering The Market

Posted on:2016-05-09Degree:MasterType:Thesis
Country:ChinaCandidate:J YouFull Text:PDF
GTID:2206330479986339Subject:Law
Abstract/Summary:PDF Full Text Request
The economy of our country is developing in high speed at the present stage, and the urbanization process is under acceleration, accordingly, the demand for land is also increasing. According to the current laws of China, collective construction land needs to be levied as state-owned before the further circulation in the land market. There are many problems with this mode of land supply, such as unreasonable expropriation procedure, the low price of land compensation. These problems cause many disputes about land expropriation and social problems. In the meantime, some farmers trade the land without permission because the collective construction land expropriation and transfer can produce huge benefits. Their behaviors not only violate laws and regulations but also disturb the order of land management. So in order to solve these problems, the mode of land supply must be changed. Allow rural collective construction land to be transferred directly under the premise of retaining the original collective ownership. Making collective land and state-owned land get the same price and equal rights. These measures are also of great significance to reduce the gap between urban and rural areas, safeguard the income of farmers, insure the cultivated land security.The paper consists of four parts. The first part is putting forward the question. In this part, an explanation is made mainly on the boundaries of rural collective construction land’s concept. Make it clear that only collective management construction land can participate in market circulation, and then elaborate the background and significance of entering the market of collective construction land. The second part is the introduction to current legislation on entering the market of collective construction land in China. In this part, firstly, introduces the current circulation problems of rural collective construction land, and then focuses on analysis of the current laws about the regulation of collective construction land market, including the provisions of the prohibition and exceptions. The third part is the practice investigation of rural collective construction land’s entry into the market. This part includes three aspects. By analyzing the practical experience of the pilot areas, and then learn from the useful experience to promote the development of the existing land system. The first of this part, the history of three stages of collective construction land is described. Secondly, it specifically analyzes and summarizes the experience of the two pilot areas, which is based on the methods of Wuhu in Anhui province and Huzhou in Zhejiang province. Then draw some useful revelations for the land system reform. The forth part aims at proposal on collective construction land’s entry into the market. Try to put forward the proposal on laws, regulations and supporting system by analyzing the foregoing sections in order to make up for the inadequacy of existing land system, and provides a better system of law and institution.This paper aims to provide some feasible suggestions on the perfection of the system of collective construction land circulation, by analyzing the existing problems of our current land system, which is based on the reality situation in our country, and summarizing the experience combined with relevant methods in pilot areas, which could be beneficial to our country’s land system reform.
Keywords/Search Tags:Rural Land, Rural Collective Construction Land, Rural Collective Economy, Disposition of Income
PDF Full Text Request
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