Research On The Collective Management Land For Construction Right Of Use Circulation Civil Law

"Central Committee of the CCP that the Communist Party of China 18 Third Plenary Session makes Reforms Certain Major issues Decision about Comprehensive Deepening" mentioned:“Establishes the city and countryside unified land for construction market. In conforming to plan and under use control premise, allows the rural collective management land for construction to sell, rent and buys stock, implements with state-owned land same level entering the market and same power same price.”The rural collective management land for construction and state-owned land same level entering the market then establish the city and countryside unified land for construction market, is reforms the consummation land system and advancement urban-rural integration, to further improve the soil of socialism market system, to play market’s decisive effect in land resource disposition and promotion land resource optimal allocation well and uses, the promotion social justice important reforms action reasonably.However, this "Decision" had only stipulated the collective management land for construction right of use may enter the market the circulation, how to not to have pasted to carry on the specific stipulation.This article obtains from the perspective of civil law to the collective business the right to use construction land circulation system construction as the core, is divided into six parts:The first part, the concept of "collective management construction land", defining the characteristics and scope, and on this basis to discuss the concept of "collective operational flow of the right to use construction land", the basic theoretical issues such as legal basis. At the same time, the researches in laws and national policies, and the local legislation of pilot samples are compared and summarized, and then draw the conclusion: collective operational flow of the right to use construction land has feasibility in the legislation and practice.The second part, is the main body of collective operational flow of the right to use construction land is analyzed, at the present stage mainly exist in theory, and the owners and users of the collective and the local government. By comparing the local pilot experience, there is also the government as the main body and the government and the collective as the main body in the common difference. In various places, on the basis of practical experience, the author thinks that the main body of collective operational flow of the right to use construction land should distinguish between initial flow and circulation to discriminate again, for the first time transfer shall be the owner and user, circulation is user again, no doubt, and should no longer be subject scope setting limits to flow again.The third part, the collective business scope of the object of the right to use construction land circulation made a definition. From the existing theory on collective management of the object of the right to use construction land circulation should be stock with incremental construction land, construction land and whether it should be limited to town planning outside of the scope of the disputes, this paper combined with the situation existing in reality, through to the local pilot experience summary, determines the collective business scope of the object of the right to use construction land circulation should be the stock of land for construction purposes, should no longer be required it must belong to the urban planning area outside of the collective construction land.The fourth part, from the collective management of transfer of the right to use construction land, the diversity of circulation of the existing problems are analyzed in this paper. Will transfer the difference between a first flow and flow respectively discuss again, there are major dispute is in addition to rent and sell first flow whether can use other ways. To summarize more local circulation form analysis at the same time, draw lessons from the local pilot experience in legislation and practice, limiting collective business first transfer of the right to use construction land for sale and lease, transfer again limited to transfer, sublet or mortgage, etc.The fifth part, discusses the collective management after the transfer of the right to use construction land USES, from two aspects of theory and practice analysis of the collective construction land circulation after the commercial purposes will be used for commercial real estate development, has been clear about the circulation after the collective management of construction land use must conform to the land use control and planning, prohibited for commercial real estate development.The sixth part, talking about the collective management of the right to use construction land circulation system of income distribution. Collective operational flow of the right to use construction land income can be divided into initial flow of revenue and circulated again returns, analyzed between the government and the collective and collective internal conflict of interest. The government should take part in the first flow of income distribution, in what form the government to take again how to determine the proportion of income distribution, distribution, circulation, and the circulation again value-added benefits between the owners and users of such problems as how to allocate are discussed. Reasonable Suggestions about perfecting income distribution system, the writer think the government should be involved in the first flow of income distribution, and government involvement in the distribution form of income again qualified for tax mode, its proportion in state-owned land tax system structure, and for once again after the transfer of land value-added income should be owned by the user, after pay the taxes and fees necessary so that the collective business the right to use construction land circulation system more complete, the feasibility of a practice.