Study On The Legal Difficulties And Countermeasures Of The Exchange Of Collective Management Construction Lands

In order to implement the decision that the Exchange of Collective Management Construction Lands according with planning and controlling of land use, adopted at the Third Plenary Session of the 18 th Central Committee of the Communist Party of China, the State Council has approved 33 counties can execute this decision, which means the Collective Management Construction Lands will play an increasingly important role with the development of economy.With the reform of pilot areas finished at the end of 2017, it must be universally implemented across the country. But the Exchange of Collective Management Construction Lands is still restricted by the current regulations on "construction land". This paper, following the way of“raise problems, analyze problems and solve problems”, firstly, brief describes the basic theory of the Exchange of Collective Management Construction Lands, then analyzes the legal difficulties of exchange, and presents some countermeasures at last. Hoping my article will be helpful to the Exchange of Collective Management Construction Lands.My article is roughly departed into three parts.The first part is the basic theory of the Exchange of Collective Management Construction Lands,including some fundamental concepts, the presentation of theoretical foundation, the evolution of related regulations, and the significance of the exchange.The second part is an analysis of legal difficulties of the Exchange of Collective Management Construction Lands, including the general and unreasonable provisions of the Constitution of "land in the city shall be controlled by the country", the unbalanced legislation system of Property Law of “paying more attention to national construction land, while neglecting collective construction land”, the over strict limitation of the Exchange of Collective Management Construction Lands by the Land Administration Law, the fuzzy legal status of the planning of land use, the lack of formulation and implementation of Rural Construction Planning, and the absence of Articles of the Exchange of Collective Construction Lands etc.The third part are some countermeasures of legal difficulties of the Exchange of Collective Management Construction Lands, including the revision of relevant provisions of the Constitution, Property Law and Land Administration Law, allowing the Exchange of Collective Management Construction Lands, the perfection of the legal system of planning and control of land use, and drafting the regulations of the Exchange of Collective Construction Lands etc.