Study On Legal System Of Collective Construction Land Based On Urban And Rural Harmonious Development

Willam Petty,a classical economist had a famous words:Land is the basic of wealth,which demonstrated land is the most important tool of wealth creating in aricultural society. Land as a basic resource for human’s survive and development,it is the basic of all the practice. The countries formulated the land system which appropriated to their development according to their national situation.Land system is related to the national development,the innovation of our land system uphold the protection of cultivated land and economic growth principles.All systems are based on historical process and productivity.Over time,social and economic factors are changed. Accompany with the rapid economic development and city development,the land issues are appeared.The current land system do not allow collective construction land use right transfer,the land market is the state-owned monopoly.The dual land system has a closely relationship with many major economic problems and social problems in China,specific to problems of collective construction land,social security and compensation for land expropriation.Moreover,land problem also related to increase the farmers’income,curbing the further expansion of urban and rural gap,seeking the new driving force for China’s economic growth."CPC Central Committee’s decision of some important issues in the process of rural reform"published in Third Plenary Session of the17th CPC Central Committee, it is the comprehensive layout to achieving basic objectives of rural reform and development in2020, in which spoke of "break existing pattern which required that the non-agriculture construction land much become state-owned, granted equal status with state-owned land."This is an important step of getting rid of the dual urban-rural land system.Practice prove that the unscientific system arrangement severely hindered the urban-rural economic harmonious interaction and relationship of urban and rural harmonious development. In order to achieve equality and harmonious development of urban and rural,we must carry out system innovation bravely.Whether the rural land system arrangement and reasonable and efficient is related to the all-round development of the agriculture economy,the coordination between the whole social and economic development,the political stability of China’s countryside,and the construction of the harmonious socialist society.It must be touch the foundation of the dual land system including the rural land system.Under the background of urban and rural harmonious development,we need to explore a new land system model,establish long-term effective mechanism,to make the divided land property rights can transfer freely between city and rural area,in order to guarantee the process of city land demands,the needs of agricultural production and food security needs.At the same time,can also protect the interests of the farmers and accelerate the pace of co-ordinate development of urban and rural.At present in view of the urban-rural harmonious development experimental area in the respective exploration process have created different innovative mode,draw lessons from the theory of property rights and institutional change theory,with the help of review the system changes process,based on the historical perspective,by use of legal,institutional economics,sociological perspectives,use a method of comparative analysis and system analysis,combined with the Wuhu City,Chongqing City,Guangdong and other places experiences,analyse the innovative model. Discuss the root of the leagal system of collective construction land problem, with the previous theoretical and empirical study.Summarize the reform measures and construct system reform implementation security system.In hope of provide theory and practice reference for greater range of urban and rural development.Based on the above theory and study on practice, the main suggestions are as follows:to break the dual land system as soon as possible,let the collective construction land to enjoy equal right with the state-owned land.The law must allow the collective construction land toenter the maket to circulate,in conform to the land utilization plan and the land use control.This is the basic direction of our country’s collective land system reform.