Research On Legal Problems Of The Urban And Rural Construction Land Use Rights Integration

In 12 consecutive years from 2004-2016, the central "Document" all point to solve the "issues concerning agriculture, countryside and farmer". It is obvious that national attention is on rural developm ent. Realizing urban-rural integration is the cor e idea of "Three Rural Issues" settlement. Reform of urban- rural land rights regime is the top priority of urban-rural integration. Basis the "Land Managem ent Law" division of land species, urban has land of construction and unused, no agricultural land; th e other has land for construction, agricultural and unused. Limited uses for agricultural land, i mpossible to get Integrated; the unused has lower proportion, which are not used seemingly and impossible to integrated; adhere to urban and rural land belonging two owners, the sam e place with object right s, mainly on land for construction. Therefor, herein explicitly defi nes the integration of urban and rural land is integration of construction land use rights.Besides foreword and epilogue, the whole thesis is divided into four parts, about 31 thousands words.The first part interprets the fundamental information of the integration of urban and rural construction land. Pointed out two concepts' essen ce is the same, which have relationship of process and objectives. By analyzing th e 2008-2016 years' policies concluded: the "urban-rural integration", only by the collect ive construction land an d homestead land into construction land. From the four functions of rural construction land to discusses the feasibility. Defining the integration of objects is state-owned land of sell properties, collective land for business, except hom estead and public construction projects. Set forth integration connotations that, regardless of the owner's identity, capabilities and constraints on the land is the same. The market for construction land resources plays a fundamental role.The second section compares the relevant laws and regulations, noted the abuses of dual division of urban and rural construction land ri ghts. Pointing out the differences between the two in terms of the right to set up and use, pow er, transfer methods, and draw malpractice of this clear distinction, conduct th e identity of the subject cont rol rights of construction land, expropriation as the only legitim ate way of co llective construction land entering the market, which led to the farmers lack the right to speak as an owner, unreasonable land value-added income distribution, inf ringed farmers property rights, social conflict s, land resources use inefficiently, nonconducting to the urban-rural integration.The third part analyzes the current situati on and practice barriers to integration. Study four mainly typical circulation patterns summarized by scholars. Introducing briefly Chongqing and Chengdu related practice. After a co mprehensive analysis of practice, drawn around the existing transfer does not meet the needs of integration, which is mainly led by the government conclusion. Finally, induct the obst acles: the function of collective construction land use right is m issing, the subject of rights is not clear, the legal system of construction land rights is not perfect.The forth part puts forwar d recommendation to im prove legal system, including executive subjects, objects of collectiv e construction land use rights, clarify property and increase procedural provisions to ensure that expropriation bene fits to the public. Integration of urban and rural construction land use rights is not only to achieve "collocated same rights", but also by erecting tax to distribute incom e reasonably, imposing regulatory m easures on land planning, land use control, land price ev aluation, effectively solving the "Price over state-owned", uneven distribution of benefits, reduction of arable land and other issues.