On The Ownership Of Land Development Rights In Rural Area

Since the reform and opening up,China's rapid economic and social position has development rapidly,so as the pace of urbanization is also advancing rapidly.Due to the change of land use nature of land has changed,the problem of land development gain distribution caused by the improvement of land use degree has become increasingly prominent.At present,China's Constitution and land management law does not specify the right of land development,nor does it involve land development gains attribution.But in reality there have been rural collective and national competition for land development gains of specific practice,it is precisely due to because of the lack of the system,triggering a series of land acquisition disputes.How to set up the land development right system adapting to China's national conditions and how to distribute the land development gain reasonably and rationally is a new requirement for the national governance ability under the background of promoting the new urbanization and realizing the well-off society in an all-round way.In this paper,the use of comparative research methods,historical analysis methods,case analysis methods and normative analysis methods,the origin of the concept of land development rights,the academic community on the rights of land development rights of the dispute,the collective land development rights of collective ownership and collective ownership The paper discusses the necessity and feasibility of setting up land development rightThe concept of land development comes from the industrialization and urbanization of the earliest British.And then introduced by the United States,France,Japan and other countries and soon be localized,this development process enriched the connotation of the land development rights.As China's research on the land development right system started late,the land development right had not yet formed a unified concept.The debate on the concept of land development right mainly lies in the connotation of land development right,the legal attribute of land development right and the concrete content of land development right.In the first part,I compare the concept of land development right with the concept of other related land rights,sort out the historical context of land development right,list the institutional model of land development right around the world,and clarify the concept of land development right.After the country collects the land of the rural collective,the land is often levied or allocated to the developer for commercial use.As a result,the value of the land has increased several times or even more.On this part of the gain attributed to all the problems,the academic community formed a state-of-the-art and the whice recommended two different views.By collating and analyzing the similarities and differences between the two doctrines,the author concludes that the root causes of the differences between state and collective are the two major components of the socialist public ownership to stipulate our constitution: the ownership of the whole people and the collective ownership of the working masses Whether the status is equal or not;whether the land of the constitution can understand all in the sense of civil law or not.After finishing analysis,the author thinks that our country rural collective land development rights should belong to the state and the collective sharing.On the one hand,in recent years,the phenomenon of small property right,the reason for this is that farmers in consciously unconsciously has produced the pursuit of land development gain will,therefore,relying on traditional methods have been unable to solve the problem of "small property right";Local existing land development rights in China,on the other hand,the use of concrete practice.Visible,at present has set the necessity and feasibility of land development rights system.The realization of the right about rural collective land development in our country should take the way on the transfer of land development right and the right system of land development right.Under the premise of clarifying the relationship between "collective" and "peasant",the developmental gains of collective land should be allocated rationally to achieve the equitable sharing of land development interests.