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Research On The Legal Issues Of The Income Distribution Of Collective Construction Land

Posted on:2018-07-19Degree:MasterType:Thesis
Country:ChinaCandidate:X Q ZhangFull Text:PDF
GTID:2346330515490325Subject:Environment and Resources Protection Law
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In recent years,the central committee of the communist party of China continues to strengthen collective land system reform,the pilot collective management construction land market is one of the important content.In fact,the collective construction land trading market for commercial purposes is full of brewing and carefully prepared.In recent years,the central committee of the communist party of China,the National People's Congress and the central government,collective management construction land market problem issued policy documents,the file is put forward to establish a unified urban and rural construction land market in China as soon as possible,achieve the collective business with the same price with the right of state-owned land,construction land increase farmers' income,and also in parts of our country to pilot.In the land reform,income allocation a concern,the problem just made a principled provisions in the above documents to balance state,the collective and the individual to be able to get profit,but the key to increase farmers' income.Promote the reform of land system in our country's fundamental purpose is to increase farmers' income,reasonable income distribution nature is one of the core issue of land system reform can't bypass.Across from my pilot,there is much debate over income distribution,the current controversial point is: the subject of income distribution chaos,the object of the income distribution is not unified,imperfect rules of income distribution,income distribution,dispute resolution mechanism is not sound,etc.Income distribution subject of controversy,mainly is whether the government and individual farmers can participate in income distribution,the pilot areas provisions inconsistent;Income distribution object controversy focused on what benefits can be allocated,and shall,according to what standard of income distribution;Income distribution rules of the main problem has yet to establish perfect rules of distribution of income distribution in our country,all income distribution procedure is not standard,supervision does not reach the designated position,there are a lot of problems;In addition mechanism of income distribution in our country to solve the lack of,so produced in the process of income distribution contradictions and didn't get very good solve,some conflicts intensified,the more serious social problem.To solve above problems,this paper proposes a solution: first of all,for those subject to the question of participating in income distribution,this paper mainly analysis from the perspective of property rights,don't support the government to participate in the distribution,but agree with individual farmers to participate in the distribution;To the problem of income distribution object in this paper,through comparative analysis,to the local distribution object more agree with the value-added benefits as income distribution object,the object of this kind of income distribution to ensure that the collective and the individual also be able to enjoy and to land increment income,improves the farmer individual income;For income distribution rules are not perfect,our country should guarantee the farmers' collective income distribution in the leading role,let farmers collective rules for their own income distribution,reduce government intervention.Implementation of the rules of income distribution,also need to push through legislation and government;For income distribution dispute resolution is not clear the problem,in this paper,starting from the characteristics of the income distribution dispute,comparative analysis of the pros and cons of various kinds of dispute solution,this article praised the way to solve dispute through settlement or mediation,if still not solved,litigation solution can be used.
Keywords/Search Tags:Construction land, land use right, collective land, value added benefit, benefit distribution, collective economic organization
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