Study On The Right Circulation Of Rural Collective Land Use Urbanization

The eighteen National Congress of the CPC report clearly pointed out:"adhere to the road of new industrialization, informatization, urbanization, agricultural modernization with Chinese characteristics, to promote the integration of informatization and industrialization, the benign interaction of industrialization and urbanization, urbanization and agricultural modernization coordination, promote industrialization, informatization, urbanization, agricultural modernization development", we can see the Central Party committee, eighteen report will be urbanization rising to a strategic height, become an important measure to solve the problems in the rural area of china.In2012December, Li Keqiang met former American Secretary of state Powell pointed out that urbanization is the only way which must be passed for China to achieve sustainable development, within one month after the eighteen large as China’s economic future director Li Keqiang, four time put forward urbanization claims, embodies a new collective leadership of the party to solve the problem of agriculture, countryside and farmers through the promotion of urbanization in rural areas of China’s determination. What is the urbanization? Urbanization, including population urbanization and land urbanization, over urbanization is more land urbanization. The urbanization speeding up will further speed up the rural collective land circulation speed, expand the rural collective land circulation scale, circulation of rural collective land comprehensive is represent the general trend. How to promote orderly scientific reasonable and orderly transfer of rural land, to maximize the value of collective land, is the urgent problem. The current China’s rural collective land circulation shows a disorderly and not in standard condition, the legitimate rights and interests of farmers do not get effective protection, rural collective land urbanization boom under the flow speed and scale will further increase, but the laws and regulations relating to land available for promoting rural land circulation set limits, is not conducive to the orderly flow of rural collective land, to maximize the efficiency in the use of rural collective land can not be achieved, not very good protection of the rural collective land circulation of the legitimate rights and interests of the parties. The rural collective land circulation in the new era of China is to represent the general trend, irreversible. For the rural collective land circulation cannot indulge no matter, also can not be restricted or even prohibited circulation, also the gradual liberalisation of circulation, standardize and guide the reasonable science, the orderly circulation. In this background, reform of the rural land, the establishment of land ownership system and the circulation of rural land system can be more reasonable to society’s changing trend, and to promote the progress of the society.In the preface of rural housing land open from Guangdong about, leads totheurbanization process will further speed up the rural collective land circulation speed and scale, the rural collective land circulation, establish a scientific, reasonable, efficient circulation system, regulate the rural land circulation order has become the central task in the upcoming new round of rural land the Chinese government reform movement. The first part briefly reviews our country rural area land ownership system and the system of transfer of land from theland revolution period to the historical changes now, analysis of the pros and cons of each historical period of rural land ownership system and circulation system. The second part introduces the rural collective land urbanization trends including the status of circulation of the right to use the land contracting right of management and rural collective construction land. The third part summarizes the legal obstacles of rural collective land circulation in the present stage of our country, the legal obstacles of rural collective land circulation:one is the transfer subject obstacles; two is the transfer procedure obstacles; three is the way of circulation disorder; four is the transfer of farmers homestead. The fourth part of this paper introduces the features of rural collective land circulation. The fifth part of this paper discusses the trend of urbanization of rural collective land circulation system reform direction. This part expounds the practice at home and abroad in the land circulation in terms of reference and the analysis of the pros and cons of various model, based on the current reform of rural collective land circulation system must follow the principles:the land all the principles and collective efficiency and fair principle, adhere to the sustainable development of all system unchanged principle. The reform of rural collective land circulation system should adhere to the basic principles, the paper proposes the concrete reform measures. For the rural collective land contracting right of management circulation system are proposed:one is to push forward the reform of rural land property rights system, to provide the necessary basis for the orderly transfer of land in rural areas; two is to continue to improve the rural land contracted management right of rural collective land contract, stable relationship; the three is to establish and perfect the rural land contracting right of management circulation market system. For the rural collective construction land transfer system reform measures are mainly:one is a reasonable set of rural collective construction land use rights to enter the market circulation conditions; two is the scope of the rural collective construction land use rights transfer; three is to establish and perfect the rural collective land property rights system; the four is to establish and perfect the circulation use right of rural collective construction land transaction management system. The sixth part of the article discusses the protection of the legitimate rights and interests of farmers in rural collective land circulation.