Study On Legal System Of Collective Profitable Constructive Land Tenure Entering The Market

Urbanization lead to insufficient supply and demand of urban construction land in our country, the collective profitable constructive land tenure entering the market, and this also conforms to the strategic thinking of the construction of the urban and rural integration. Collective profitable constructive land tenure entering the marketing our country has no uniform regulation and its development status various in different areas. Through collecting and analyzing regulation and practice data of collective profitable constructive land tenure entering the market, this article summaries its existing problems and puts forward legislative suggestions.This paper has six parts, including four main parts except preface and epilogue.The first part is overview of collective profitable constructive land tenure entering the market. This part states collective profitable constructive land and its tenure at first, while confirming collective profitable constructive land tenure entering the market is mainly about land leasing at the first time. Then, this part analyzing collective profitable constructive land tenure entering the market is decided by its nature. It’s not only the inevitable requirement of economic development and city and countryside integration construction, but also will bring enormous benefits. Collective profitable constructive land tenure entering the market should observe several principles, like market-driven, equity, benefit people, publicity, and moderately supervise.The second part is development of law and policy on collective profitable constructive land tenure in our country. This part emphasizes the law and policy on collective profitable constructive land tenure changing from prohibit transferring, allow transferring, close confinement, policy loosing, start to entering the market, to positive exploration.The third part summaries and analyzes the current situation of collective profitable constructive land tenure entering the market in our country. Now, the open and hidden markets both exist and the scale of the market is continuously extending but they are difference in each province. This part describes the local exploration and innovation of collective profitable constructive land tenure entering the market by Guangdong, Shanghai and Chongqing as typical areas.The fourth part is problems of collective profitable constructive land tenure entering the market and their legislative suggestions. The main problems of collective profitable constructive land tenure entering the market are owner, object scope definition, patterns of entering the market and income distribution of entering the market. The corresponding legislative suggestions are reconstitution of owner, setting reasonable index deal specification, establishing publicly trade pattern and collective distribution while government tax revenue system.