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Research On Collective Construction Lands Entering The Marketunder The Perspective Of Constitution

Posted on:2016-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:B J HuiFull Text:PDF
GTID:2296330461962321Subject:Constitution
Abstract/Summary:PDF Full Text Request
With the constant advancement of China’s modernization, the demand for construction lands is increasing. However, the rural collective construction lands are excluded from the construction land using right market. On one hand, it intensifies current supply pressure of China’s land market. On the other hand, it constrains the vitality of rural economic development and does harm to farmers’ land rights and interests. Therefore, Decisions made by the third plenary session of the 18 th CPC central committee clearly states a grand reform goal that a unified rural and urban construction land market should be established. Under the precondition of planning project and use control, rural collective construction lands are allowed to be transferred, rented and contributed. They can have the same rights and prices as the state-owned land when entering the market. This goal indicates that China will conduct a new round of rural land revolution. The rural construction land market will be open again since it was closed after the promulgation of the Land Management Law revised in 1998. The land system that rural lands can enter the market only when they are collected by the state and transferred into rural construction land will have a historic change. And it has been operated for more than a decade. But under China’s land system pattern, rural construction lands still have many institutional obstacles before entering the market. Based on the land reform goal and from the perspective of constitutional text, And also, according to constitutional theories and relevant laws and policies this paper provides theoretical support and system safeguard for rural construction lands entering the market through combining and completing China’s existing systems.This paper is divided into four parts.In the first part, the author reviews the history of land systems in China’s constitutional text, which started from Common Program to the current constitution.After concluding every historic change in all previous constitutional texts, the author explores laws of change of China’s land systems in constitutional texts. And the main law of change is that the structure of land ownership has already been transferred from the private to the public. The review of every historic change and the conclusion of laws of changes inspire the author to comprehensively reflect on every historic land reform and think how to conduct this land reform under the framework of current constitution.In the second part, the author analyzes the general principle of land market which includes general components of modern land market and respectively introduces the subject and object of land market. By understanding the general principle of land market, the author delves into the motivation of China’s construction land using right market evolution and disadvantages of current China’s construction land using right market to illustrate the necessity and the importance of the reform allowing collective construction lands to enter the market. Combining with the 2nd constitution amendment in 1998 and the changing attitude towards collective land transfer in the Land Management Law, the author analyzes the feasibility of collective construction lands entering the market under the framework of current constitution and explains the connotation of collective construction lands entering the market in detail.In the third part, combining the connotation of collective construction lands entering the market, the author discusses institutional obstacles faced by this land reform under the current framework of constitution and other laws. From the perspective of constitutional text, collective construction land entering the market mainly has three institution obstacles- the phantom of rural collective land ownership, the generalization of public advantages in land collection and the inequality between state-owned land ownership and collective land ownership.In the fourth part, according to land system obstacles, the author discusses some feasible methods to eliminate institutional obstacles which hinder collective construction lands from entering the market under the current constitution. To be specific,for the rural collective land ownership issue virtual spaces, should improve the rural masses autonomous organizations. To address the generalization of public advantages in land collection, the key is to solve the problem of main body of public advantages. Steadily advancing the nationalization of collective lands can relieve and then finally resolve the conflict between state-owned lands and collective lands. In the end, the author suggests that China complete its social security in rural areas to stimulate farmers’ enthusiasm for participating in land transaction and strengthen the vitality of rural collective construction land using right market.
Keywords/Search Tags:Constitution, Land System, Collective Land, Collective management of construction land, Market
PDF Full Text Request
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