Problems And Legislative Solutions About Collective Construction Land In The Land Market Reform

For a long time,due to the impact of over-protection and urban-rural dual structure about the public ownership of collective land,the transaction of group constructive land has been in a "general prohibition" status in the law.This kind of transaction only can be permitted in a few limited circumstances,and group constructive land doesn't have the same status as state-owned land in the land market.But with China's market economy development,security function of collective land began to yield its economic value,it leads to many invisible transactions of collective construction lands.In order to adapt to China's market economy,but also to satisfy the desire of the collective organizations who want to share the interests of the land,China carry out a policy about the gradual relaxation of collective land transaction restrictions,and has set up some pilots of collective construction land transaction many years ago.Our government hopes to build a unified urban and rural areas land transfer market.This paper begins with the news about the group constructive land transaction of Phoenix Community in Shenzhen in 2013,which explains that there are three difficulties in collective construction land reform: the process of transaction,the distribution of benefits and the settlement of dispute.According to these difficulties,this paper were set up three chapters to analyze the status?problems and ways to solve the problem.I hope to provide a useful reference for our collective construction land reforms.The first chapter analyzes the current legislation and problems of collective construction land transactions,and concluded that if you want to improve the market transaction procedures of collective construction land,you should clear the existing legal barriers,restrict improper intervention of government,protect rights of property owner and improve the supporting system of transfer transactionsThe second chapter analyzes status of the government,the collective organization and the members of the collective organization in the distribution of benefits.I think only balance the equity of benefits between them that we can build a fair and reasonable distribution system about construction land benefit.And I make suggests based on their different status in the distribution of benefits distribution.The third chapter analyzes the settlement of dispute in collective construction land market reform.I conclude that to improve the ways of solving disputes is in favor of the reform about rural collective construction land transaction work.At the same time,I make suggests about how to build a system to settle the disputes appearing in the transactions of group constructive land.