The Influence Of Collective Operating Construction Land Entering The Market To Land Expropriation System As Well As Linkage Reform Measures

The reform of collective operating construction land entering the market has been formally put on the agenda in the Third Plenary Session of the 18th CCP. Collective operating construction land entering the market has become an inevitable trend. However the reform of collective operating construction land entering the market is bound to have a significant impact on the existing institutional framework for land, especially on land expropriation system. The purpose of this paper is to clarify the intrinsic relationship between collective operating construction land entering the market and land expropriation system, exploring that collective operating construction land entering the market will have any effect on the current land expropriation system, as well as the influence mechanism, ultimately promoting the linkage reform of collective construction land entering the market and land expropriation system. This paper mainly uses reality analysis and comparative analysis method, case analysis method and comparative analysis method to research what kind of impact will be produced on the current land expropriation system after collective operating construction land entering the market, and put forward linkage reform proposal about collective operating construction land entering the market and land expropriation system. The main results obtained in this study include four aspects:First, define the meaning of operating construction land、non-operating construction land and public interest land、non-public interest land, and analyze the intrinsic link between the four types of land. There is a certain cross between operating construction land and public interest land. These two have a reciprocal relationship. It follows that collective operating construction land entering the market and land expropriation system are two aspects of one object. One range’s narrow is another’s expand. They are interrelated and indivisible. Second, collective operating construction land entering the market means that the non-operational public interest land in collective construction land will enter the open market for land transfer according to the law. The right of land expropriation will be forced to be limited in the scope of non-operational public interest land. The operating public interest land may be supplied by "state purchase" mechanisms. Third, under the current land system, the duties of land expropriation right in our state are ambiguous. Although nominally as "expropriation", it does not have no mandatory in actual operation. In addition, negotiation mechanism is also introduced in land expropriation system, so that China’s land expropriation is more like a civil action. All collective operating construction land entering the market means that the function of land expropriation right will be dispersed. The function of current land expropriation right will be divided into three, namely national expropriation、market operation and state purchase three forms. Meanwhile, the property of land expropriation right as a kind of public right will be strengthened, and the duty of land expropriation right will gradually become clear. Fourth, the current low land expropriation compensation standard has become a social consensus. All collective operating construction land entering the market will manifest the market value of collective land. The market value of the collective construction land may become an objective standard of public service compensation for land acquisition. This paper concludes with five linkage reform proposals in the end:First, define public interest land and non-public interest land, operating construction land and non-operating construction land these two sets of concepts at the height of the legal; Second, definite the legal authorities to determine which belong to public interest land and which belong to operating construction land; Third, it could introduce the "state purchase" mechanisms in the use of operating public interest land; The fourth is to strengthen the property of land expropriation as a public power In the law; Fifth, gradually establish a fair and reasonable compensation standard.