The Study Of The Legal Issues On The Equal Rights And Prices Between Collective Commercial Construction Land And State-owned Land

The18th session of the central committee of the communist party of China, thethird plenary session voted "The decision made by the central committee of theCommunist Party of China on certain major issues to deepen reformcomprehensively", which clearly put forward to establishing a unified urban and ruralconstruction land market. It allows collective commercial construction land transfer,lease, invest for commercial purposes equally with state-owned land in rights andprices under the premise that conform to the planning and use control. The decisionmade by the communist party of China is a policy. How to convert the policy tospecific and operable laws and regulations, it needs legal researchers put forward thetheory of the legal issues on the equal rights and prices between collectivecommercial construction land and state-owned land on the basis of summarizing thepractical experience.The legal issues on the equal rights and prices between collective commercialconstruction land and state-owned land has its profound social and economicbackground. There is no collective commercial construction land, more won’t producethe legal issues on the equal rights and prices between collective commercialconstruction land and state-owned land in the era of planned economy and strictdivision between urban and rural areas in our country. The establishment of a unifiedurban and rural construction land market, and the need to effectively optimize landresources is economic and social background of the legal issues on the equal rightsand prices between collective commercial construction land and state-owned landwith the transformation of economic system and the gradual disintegration of theurban and rural structure, especially in the new period of improving the socialistmarket economy and the urban and rural integration in our country.What is the "equal rights and prices"? It is a fist question before we study thelegal issues on the equal rights and prices between collective commercial constructionland and state-owned land. It has high similarity in the nature of rights and functionof the purpose between the right of use of construction land in our country and thesurface right of the traditional civil laws. It also has same attributes between the right of use of collective commercial construction land and the right of use of thestate-owned construction land. The standard of subject is that all civil subjects havethe same rights regardless of identity and qualification. The standard of contents ofrights is that collective commercial construction land and state-owned land all havethe same power of possession, use, income and disposition. The standard of the rightto change should return the essential attribute of the two together as the constructionland. In the formation mechanism of equal prices between collective commercialconstruction land and state-owned land, it achieve the goal as long as it is through theopen, unified market mechanism.However, at present in our country, to achieve the goal of the equal rights andprices between collective commercial construction land and state-owned land existshuge legal obstacles. Relevant provisions of the "PRC Land Management Law" andother laws, regulations cause the subject, the use of power and disposition power ofright of use of collective commercial construction land is limited. The limitation fromlaws and regulations on the rights lead to the single use of collective commercialconstruction land. Collective commercial construction land market is not developedand even has not formed the market. Therefore it cannot be achieved with the equalrights and prices of state-owned land.The realization of the equal rights and prices between collective commercialconstruction land and state-owned land needs to break the relevant legal obstacles andconstruct the relevant legal system. On the path to realize the goal of the equal rightsand prices between collective commercial construction land and state-owned land, weshould abolish the related laws and regulations and build perfect registration system,expropriation legal system of rural land, and planning management legal system. Onthis basis, we can summarize the right of use of the state-owned construction land, theright of use of rural housing land and the right of use of collective commercialconstruction land, and establish a unified system of the rights of use of constructionland.