Study Of Legal Issues In The Earning Distribution Of Collective Commercial Construction Land’s Circulation

According to the current domestic legal regulations, the circulation of use right in collective commercial construction land is severely restricted. But as an important measure to the intensified reform of land system, the collective commercial construction land’s circulation gets support from the central-government policy.In this context, pilot projects of collective commercial construction land’s circulation are carried out one after another from place to place, and the corresponding normative documents are also introduced to support it. Due to lack of unified legal norms, a variety of problems tend to develop in the process of collective commercial construction land’s circulation, while the most prominent one is the " earning distribution of circulation" problem.Therefore, at present stage, it is the key of the land system reform to summarize the legal problems exist in the earning distribution of the collective commercial construction land’s circulation, and then eliminate the legal obstacles by perfecting the relevant laws and regulations, to establish a unified urban and rural construction land market.According to the different holders in collective commercial construction land’s circulation, the circulation earning can be divided into initial circulation earning and second circulation earning, and the corresponding distribution of circulation earning can be defined as initial distribution of circulation earnings and second distribution of circulation earning. The earning distribution of collective commercial construction land’s circulation involves the interests of the local government, the land user, the peasants collectives and the collective members, and many other main participants.By participating in the main parts of the earning distribution as the breakthrough point, comparing and analyzing the regulatory documents on the selection of pilot areas in accordance with the different ways of main parts participating in earning distribution and the proportion, and gets the summary that the local governments do too much in the improper distribution of circulation earnings in practice because of being unclear their functions and lagging in tax legislation,The interests of the holders of the use right and ownership of collective commercial construction land are vulnerable as a result of the unknown status of usufruct and the fabrication of main parts in the use right and the ownership of collective business construction land. Therefore, the local governments should be clear of their roles in the earning distribution of circulation, and transform their ways to participate in it by perfecting the taxation legislation in collective usufruct construction land’s circulation. Being clear the status of collective commercial construction land in property law, protecting the usufructuary right holders’ interests. Implementing the share-holding system reform of collective economic organizations, introducing corporate governance mechanism, strengthening the internal supervision of collective organizations, so as to guarantee the realization of peasants’ interests.