Study On The Legal Issues Of Land Circulation In China’s New Rural Communities

For the "three rural" issue, the party and the country has been attached great importance to the State Council for many years in the form of the Central Document called for the strengthening of the construction of the "three rural" do a good job,"three rural service throughout the country to carry out the new rural movement, promote the construction of new rural community into a "new rural development of production, affluent life, civilization, clean and tidy villages and democratic management".In the process of the construction of new rural communities, will the rural land in close contact. How to deal with the relationship between the two, to make good use of rural land to play the maximum value of the land to become a top priority. Within the framework of the existing legal system, China’s rural land legislation has maintained a very cautious approach, too much emphasis on the stability of the rural land to worry about the circulation of rural land will shake the national fundamental survival and development. It is because of this conservative legislative thought, on land use in China showing a relatively rigid thinking, is not consistent with the socialist market economy, is also contrary to the construction of new rural communities.This article other than the removal of the introduction and the conclusion, there are four parts:the first part is to analyze and study the basic theory of land use in the construction of new rural communities, to lay the foundation will expand below. The basic theory including the theory of a new type of rural communities, land use theory, the theory of land development rights, a new type of rural community building and land use of the logical relationship between the two. The second part is to analyze and study the problems of land use in the construction of new rural communities, through research found that there are five main existing problems of China’s current land use, are subject vacancy of rural land ownership, land contract management rights transfer is limited, the transfer of land use right is limited, construction land use right transfer limited and rural land use planning five questions. The third part is the analysis and study of the causes of the problem of land use in the construction of new rural communities, the research found that, due mainly focused on two aspects, the first is China’s land law system design is unreasonable, followed by government regulatory management. The fourth part of the main problems noted above, puts forward the development of the principles and countermeasures. From the point of view of improving the legal system, these responses are mainly the following five aspects, namely, to establish the rights of members of the villagers in rural areas, aimed at a clear attribution of ownership; strengthen the right to land contractual management, land use right and construction land use rights circulation; strengthen rural land use planning, the implementation of village-level planning system.Our cuntry should from its national conditions, from the legal system of rural land use of facilitation, to increase the circulation of rural land while reducing the dependence of farmers on the land. Only the legal system for agricultural land use regulations and restrictions in order to fundamentally improve the efficiency of land use, in order to fundamentally culture endogenous forces in rural development, so as to be able to provide more support for the construction of new rural communities. For rural land, can be divided into a contract for the operation, the homestead and land for construction, from the design of the legal system to provide more opportunities to exploit these three land, enhance economic growth point of the rural areas, to promote rural new communities into a delay of urgency.