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Construction Of Collective Construction Land Use Right Transfer Of The Legal System

Posted on:2014-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:Y YaoFull Text:PDF
GTID:2256330425977050Subject:Economic Law
Abstract/Summary:PDF Full Text Request
China is in a period of accelerated development of urbanization, urbanizationrequires a lot of support for construction land, there must be a large number of ruralcollective land for construction. Based on our current law, the collective constructionland must first be levied as a state-owned, can be used for construction. On the onehand, land supply model brings a lot of problems that Reform is purely alone can notsolve. On the other hand, the collective construction land use right transfer marketcan not be directly under the existing legal system, but in fact the collectiveconstruction land transfer behavior abound. To solve these problems, the current landsupply model must change. Under the current nature of most of our construction sitesare non-public welfare, should retain collective land ownership in the premise offarmers, the transfer of land use rights to meet the needs of construction land,state-owned land and collective land to achieve " the same rights, the same price,same place." At the same time, we must strictly limit the scope of land expropriationby the reforms. Direct transfer of the way, the collective land directly used for non-public nature of the building uses. Circulation and collection system reform ofcollective construction land use right of the land involved are complementary andmutually successful conditions.Collective construction land use right transfer directly into the market is not onlynecessary, but also feasible. By way of transfer of collective construction land intouse, not only to protect the equality of the collective ownership of land, but also toimprove the land expropriation system, while better able to solve some of the existingsocial problems, promote the rational optimal allocation of land resources. Althoughexisting law is prohibited circulation way to transfer collective construction land use rights, but circulation in such as " Constitution "," Land Management Law " andother laws and regulations are still some space; nearly10years, many parts of thesuccessful implementation of the pilot land transfer land to build circulation systemhas accumulated a wealth of experience and foundation.To build a legal system of collective construction land use right transfer, thecorresponding specific system must establish a sound. Insist on a sound system ofcollective land ownership is set to protect the rural collective construction landownership. But also suitable for China to further establish and improve relevant lawsand regulations, collective construction land use right, the income distribution ofcollective construction land, conditions and scope of the land have made clear. Anddirect transfer of complementary land market system should also be improved, inorder to impose collective construction land compensation should enter the actualmarket value as a standard. Further strengthen the supervision and managementsystem established to enable the use of the right to sell and transfer process ofcollective construction land truly norms and legal.
Keywords/Search Tags:Collective construction land use rights, Transfer, System construction
PDF Full Text Request
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