A Study On The Legal Nature Of Rural Collective Land Development Rights In China

The Land Development Rights which was created to solve the problems caused by urban renewal and land development was originated in the United Kingdom.As a tool of land resources dynamic allocation,the right should enjoy an important position in the current market economy system.Under the relevant system of Rural Collective Land development in China,the legal nature of Rural Collective Land Development Rights shows the ambiguity of power and private rights.This fuzzy nature position impossible provides clear legal support for the protection of the collective interests of the peasants.The collective landowner-the peasant collective cannot possess the right of land development,and cannot enjoy the economic benefits brought by the land development right and many social contradictions arising from this.Therefore,this paper taking the legal nature of Rural Collective Land Development Rights as the object of study,through the analysis and demonstration of four parts : the first part including the overview for the origin and development of Land Development Rights and clear the concept of Rural Collective Land Development Rights is the right to change the land use,improve the land use intensity,share the land gain right,and pointed out that the “Homestead use rights” and “construction land use right” and other related rights to exercise the power from Land Development Rights,and China should improve the concept of integration of land development rights.The second part first discusses the legal nature of the rural collective land development rights from the angle of normative and rights and obligations,and points out that the vagueness of “private right” and “public power” has a negative impact,which leads to many practical problems,Including the serious loss of cultivated land caused by the large amount of land levied by the government,the development of the gain after the acquisition of collective land,the inability of collective land to have equal rights with state-owned land and so on.In the third part,after the analysis of the system of Development Rights outside the domain,we can know that the Land Development Rights of the three countries are different,but all of them are defined as a kind of property right.In addition to the common theory of Land Development Right at home and abroad,the rational positioning of legal nature of Collective Land Development should reflect the unique practical effect under the current plight of Rural Collective Land Rights.The fourth part holds that the right of Collective Land Development in our country defined as the Right,the Civil Rights and the part of Collective Land Ownership are reasonable and justified.This kind of characterization is not only helpful to solve the problem caused by the ambiguity of the right of collective land development,but also to the protection of rural collective land rights and the settlement of social contradictions.The definition of the legal nature of the right of Collective Land development not only determines the ownership of the Development Rights to a large extent,it also the value orientation of the interpretation of Land Development Rights.This paper aims to make a reasonable response to the legal nature of Collective Land Development Rights and respond to many land problems in reality and make suggestions for the future revision of the Land Management Law.