Research On The Legal Problem Into The Circulation By The Collective Management Of Construction

With the process of urban expansion and industrialization,rapid economic development,enhance the value of the land today,the high demand of land for construction,the existing state-owned construction land can not meet the needs of urban construction and development. Rural collective construction land market operating circulation problem has been much attention, long-term government monopoly on land market,rural land circulation to enter the market must first undergo collection system of the country, expropriation of rural collective land into state-owned After the land in order to enter the land market transactions, long time, the government "cheap" land acquisition "high" to sell the land at the expense of the collective approach to make the difference and the interests of farmers much social stigma, thus changing the government monopoly of land market growing. But China’s current laws and regulations to restrict or deny the collective management of construction land for public circulation enter the land market,the lack of a legal basis under this background,some collective and farmers under enormous temptation operating rural collective construction land use right transfer, resulting in the transfer of rural land illegally invisible market, land market chaos. Based on this, part of the city to carry out reforms boldly explore collective management of construction land transfer market, has made important progress and experience,these reform pilot city also unveiled a collective management of construction land transfer market regulations,collective management of construction land transfer market to provide policy-oriented reform pilot countries are also summarized on the basis of experience, while continuing to explore the rural collective management of construction land use right transfer system.Collective management of construction land transfer market is imperative, its good run prosperity and stability in rural areas, to protect the interests of farmers, the prospects for the development of agriculture and rural development and integration goals. "CPC Central Committee on rural reform and development of a number of major issues" by the Third Plenary Session of the Party’s(hereinafter referred to as the "Decision 1"), "the CPC Central Committee and the Third Plenary Session of the Party’s eighth overall by deepening reform on several decisions on major issues "(hereinafter referred to as the " Decision 2 ") of the collective construction land market operating in a broad circulation of overarching design of the system,but the establishment and operation of the transfer system is a long-term and systematic project,of which there are still many problems to be solved,relying solely on central policy to promote rural collective construction land are also operating there are still many obstacles,so in future land market transactions to build a unified construction land market, promote collective management of construction standardized and orderly transfer of land to the market,but also the need for further refinement of the top-level design center,clear and specific operational methods, processes,and improve relevant laws and regulations and supporting systems,in order to achieve a smooth reform of the rural land system.