Research On Circulation Income Distribution System Of Collective-owned Construction Land-use Right

Now the circulation of collective-owned construction land-use right is forbade in our country’s Land Administration Law.But with the rapidly development of urbanization and central policy gradually easing,the circulation of collective-owned construction land is a general trend. On this background,some places have introduced normative documents about the circulation of collective-owned construction land and start to circulate the land.But without the guidance of a unified legal standard, it’s inevitable to have a variety of problems.And many contradictions focus on the "income distribution". Whether fair and reasonable of the circulation’s income distribution will directly concern the protection of farmers’ rights and interests and the solution of problems about agriculture, the implementation of many national fundamental polices like the urbanization’s development. Therefore,the circulation income distribution system of collective-owned construction land-use right is the key and core of the circulation of collective-owned construction land.So,it’s very important to straighten out all parties’ relationship about interests and develop a unified system about income distribution before fully opening the circulation of collective-owned construction land-use right.This thesis will use the circulation income distribution of collective-owned construction land-use right as a starting point and analyze it’s related issues,following to the ideas "find the problem,analyze the problem and solve the problem.Namely,on the basis of clearing the concept of the circulation of collective-owned construction land-use right and it’s income,I’ll try to clear the owners of the circulation income of collective-owned construction land-use right and regulations about distribution system,in order to build a fair and reasonable system about the circulation income of collective-owned construction land-use right.The thesis is divided into five parts.The first part is the circulation and income distribution of collective-owned construction land-use right.Firstly,mainly clearing the concept of collective-owned construction land-use right.Secondly,mainly clearing the object of circulation of collective-owned construction land-use right.Then,mainly analyzing the concept of circulation income of collective-owned construction land-use right.Finally,mainly clearing the importance of the circulation income distribution of collective-owned construction land-use right.The second part is the status of the circulation income distribution of collective-owned construction land-use right.By analyzing our country’s status of legislation,policy and practice(namely some places’ situation of circulation income),we can conclude that the main problem of the circulation income distribution of collective-owned construction land-use right is "the owner of the circulation income"and"the regulation of the circulation income distribution",then on the basis analyze the cause of this problem.The third part is legal principles of the circulation income distribution of collective-owned construction land-use right.By analyzing,we can conclude that legal principles--balance efficiency and fairness, freedom and order.The forth part is the subject of the circulation income distribution of collective-owned construction land-use right.From the perspective of jurisprudence, economics etc.I’ll main analyze the position of the government,the landowner,the original land user,farmer and other subjects in the circulation income distribution of collective-owned construction land-use right,in order to clear the owner of the circulation income.The fifth part is the system of the circulation income distribution of collective-owned construction land-use right.Mainly analyzing the specific legal rule of the owners’ income distribution from two levels,including external distribution rule--the government’s income distribution, the landowner and the original land user’s income distribution;internal distribution rule--farmer’s internal income distribution.Then analyzing the improvement supporting system of the circulation income distribution of collective-owned construction land-use right.