| Human survival and development is inseparable from ancient times has been the issue of land, the land is a fundamental national existence, is to protect people depend for survival. Our land can be divided into state-owned land and collective-owned rural land owned, collectively owned rural land and can be divided into construction land management, public welfare purposes and to ensure that housing homestead. An essentially rural management of construction land use rights on the state-owned construction land use rights and have the same properties usufruct, but reflected in the legal system, the two provisions is unequal, the former compared to the latter applies when the law was significantly more stringent provisions, subject to many restrictions. China’s current general practice are mostly used after the front-end, it is the first collection of state-owned land after its re-use. With the improvement of the construction of the economic system, rapid economic development, rapid changes in urban and rural development, urban expansion, the rapid rise of township enterprises, etc. These changes have led to a growing demand for land, land property embodied property has become increasingly evident. According to the current actual economic development of the cause of objective reality, should the relevant laws and make the appropriate changes, so that operational construction land use right in rural areas can use the Property Law provisions on state-owned construction land use right to make the appropriate adjustments. "CPC Central Committee on Some Major Issues Concerning Comprehensively Deepening the Reform" Eighteen adopted by the Third Plenary Session (hereinafter referred to as the "Decision") clear national attitudes in collective management of construction land reform, put forward in line with planning and control purposes under the premise that allows rural collective construction land transfer operating, leasing, equity, and implement the same state-owned land into the market, with the right to the same price, the goal of establishing a unified construction land market. The new policy driven demand for new legal regime. To achieve the "Decision" collective construction land state-owned land and raised the same market, the same right to the same price, the premise is to meet planning and control purposes, establish and improve related operational procedures of rural collective construction land to enter the market; correction of the urban and rural difference; efforts to realize the property value of the land; prohibits the government from arbitrary use of power, to be planned as part of the collective farmers collective land collective management of construction land will be levied; establish a collective management of construction land owned construction land and that are applicable equity trading platform, standardize invisible market chaos, making both in the physical market transaction in accordance with the rules of equality; fair, scientific planning how to allocate income, focus on protecting the interests of farmers, not with public power against farmers interest. Future will be operating construction land use right system of rural more and more perfect. |
