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Research On The Legal Issues Of Collective Construction Land Transfer

Posted on:2016-11-17Degree:MasterType:Thesis
Country:ChinaCandidate:Y Q DaiFull Text:PDF
GTID:2296330461997595Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the acceleration of China’s industrialization, urbanization,collective construction land use right transfer has formed an invisible, a huge market. Frequently, and the reality of a large number of transactions that do not match the legal system construction in the use right transfer of collective construction land has been at the level of the blank state,seriously hindered the economic and social development of our country.The party’s Third Plenary Session of eighteen adopted the "decision" of the CPC Central Committee on deepening reform of the overall number of major issues, clearly put forward to establish a unified urban and rural construction land market, the implementation of land and the state-owned land with the right to the same price of operation of rural collective construction. In the reform of the national level of the collective construction land transfer system is positive, and steadily promote.At present, the main problems of collective construction land use right transfer legal system there is: from the legislative level, the lag of legal system construction; from an economic perspective, the transfer market system is not perfect; from the management level, land income distribution is unreasonable and the lack of supervision. Led to the land use in disorder, the violation of the rights of farmers, collective land assets loss and other serious consequences.The legal system of the circulation of the right to use the reconstruction of collective construction land, involving the interests of all parties involved in the game, the specific design of the system, a series of. The emphasis is the protection of the rights of private law and public law focused on the free circulation and protection of cultivated land and land planning. In the process of the reconstruction of the system, for the transfer of collective land use right shall adhere to the socialist public ownership of land, land use regulation and voluntary transfer principle. In the system design process of circulation of the collective construction land use right, circulation and the circulation of the first to strictlydistinguish between, on this basis, for the collective construction land use right transfer type, subject, transfer mode, income distribution and other content refinement.The construction of the whole collective construction land use right transfer system, in addition to the specific legal system, but also need to support and support the corresponding system. To build a new collective construction land property rights system reform, collective construction land property rights system mainly includes the reform of collective land ownership system and improve the collective construction land use rights system in two aspects; perfect land registration management system,including clear collective construction land right registration and land use rights transfer registration the use of the content, land registration management system unified; the establishment of collective construction land price system, including collective construction land grading appraisal system, the lowest price system of collective construction land and collective construction land price reporting and public bidding system, play the role of the market mechanism, the real implementation of state-owned and collective owned land "the same price"; perfecting the collective land expropriation and compensation system, including the connotation and clearly define the scope of public interest and improve the compensation for the two core problems of the system. In order to avoid government to obtain huge profits and "abuse of land requisition",realize the reasonable compensation for the value of collective land, in addition to the determined for public use by the statutory procedures expropriation of collective land shall allow collective construction land directly enter the market circulation.
Keywords/Search Tags:Collective construction land use right, Circulation, Transfer process, Legal reconstruction, The supporting system
PDF Full Text Request
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