A Study On The Legal Countermeasures Of Rural Collective Land Circulation In China

The Decision on Major Issues Concerning Comprehensively Deepening Reforms was adopted at the close of the Third Plenary Session of the 18 th CPC Central Committee put forward "under the premise that conform to the planning and use control, allowing rural collective construction land transfer, lease, investment for commercial purposes and state-owned land equally in the market, with the right of formally established the policy of rural collective land in the market circulation. Rural collective land circulation to further liberate the productive forces, improve the level of agricultural production,and changes the backwardness of the countryside, improving farmers’ quality of life role. Should not be ignored, however, is the rural collective land circulation also exist some problems, if not successful, will inevitably affect China’s rural collective land in the market circulation. Based on the problems existing in the rural collective land conversion as the core, to a certain extent make up for a lack of academic theory research and to raise their level of academic research. At the end of the article puts forward some countermeasures, aiming at our country rural collective land circulation to establish and perfect the legislation and standardization in practice to improve law enforcement to provide the reference.This article take the problem oriented, starting from the problem, the article main body is divided into five parts, from the basic concepts and laws, and existing problems, finally the solution. The first part for the study of the rural collective land circulation. The part of rural collective land conversion concept, form and the reason and policy path is introduced and analyzed, and paved the foundation for the later writing; The second part is the legal problems of the rural collective land circulation in our country. This part respectively from the land administration law, the property law, the constitution and other laws to the relevant provisions in the combing and analysis of China’s rural collective land conversion of resistance; The third part is the practical problems of the rural collective land circulation in our country. This part of our country in the practice of rural collective land circulation of market information is not public, interest allocation and protection mechanism to be perfect, severe farmland illegal color conversion and environmental protection to strengthen the carding analysis on the legal issues;The fourth part is the overseas typical countries and Chinese Taiwan area of rural land circulation regulation and practical experience. This part will pick the transition countries, Russia and India as well as the relatively developed in Japan and Chinese Taiwan of rural land circulation system and practical experience are analyzed respectively, and sums up the significance of our country; The fifth part is the countermeasures to solve the problem of rural collective land conversion in China.This part respectively from mountain of tapping China jade, establishing and perfecting the circulation policy, establish a sound legal system and so on three aspects proposed the countermeasures to solve the problem of rural collective land conversion in China.The author in writing this article seeks to both theory and practice, in order to in the two aspects of theoretical innovation and practical application have benefit. Not only widely read related books and literature thought and their exponents, and in hunan, henan, guangdong has carried on the on-the-spot investigation, collected the valuable first-hand information for creation of this article. Hard yet fun,writing articles today, I look forward to the proposed countermeasures to solve the problem of rural collective land conversion in China are to advance of our country rural collective land circulation policy can provide certain guiding significance.