Research On Supervision Legal System Of Constructive Land Index Trading Market

The promotion of urbanization and the development of industrialization need a large number of suburban land,and these suburban land is often fertile soil farmland.China has a large population and a relative shortage of arable land,in order to protect scarce cultivated land resources,China implements a strict land use control system,which is divided into land use master plan and land use annual plan,the land compensation system and basic farmland protection system have been formulated,and the provisions of arable land of 1 billion 800 million acres of red line can not break through.However,with the development of economy and the incr,easing demand for land occupied by construction,the contradiction between the traditional planned arrangement and the dynamic economic development is gradually appearing and becoming increasingly prominent,various localities have begun to explore outside the planned land use index,and create market oriented construction land targets and guide them to flow to regions with high marginal output in order to solve the real needs of local economic development.This positive exploration has also aroused the attention of the central level,and authorizes some pilot areas to carry out the exploration of the reform.In this huge reform in full swing in the process,optimizing the resources distribution of index relieve urban economic development needs and the tension of construction land index is scarce at the same time,also produced a forced farmers reclamation construction land and farmers' interests,reclamation of cultivated land quality is low and damage index of cultivated land resources overall quality,market price destroyed by human factors fry high and the market competition mechanism and so on.Obviously,the construction land index transaction really needs the market supervision to play the role,whether it is the public choice theory,the economic regulation theory,or the social responsibility theory can provide the theoretical basis for this.At present,the construction land index transaction market is still at the initial stage of development,mainly in its small scope,low level and low content,and the related transaction system is not perfect.Therefore,it is imperative to further promote its marketization reform.However,this does not mean that the promotion of marketization and the supervision of the index trading market can not go hand in hand.The supervision of the index trading market should run through the development of the construction land index market.A good regulatory system can escort and support the trading activities.From a practical point of view,the regulation of the construction land index trading markets face the lack of relevant laws and regulations,index trading limited subject and scope,target market price mechanism is not sound,double-track uncoordinated and indicators trading information opaque,index market regulation subject and responsibility is not clear.At the legislative level,we need to set up the concept of protecting arable land,promoting fair trade;balancing and coordinating all sides' interests.We should gradually improve relevant laws and regulations,and formulate feasible market supervision system for construction land indicators.At the specific level of system design,we need to gradually establish a unified land use index,trading market and trading platform,forming a relatively centralized regulatory system,changing the regulatory situation of self governance,and standardizing the market order,establish the legal system of transaction price supervision,reasonably determine the benchmark price of construction land index,and regulate the adverse changes in prices.,establish the legal system of market access and making clear the difference between the planned index and the tradable index in use,improve the legal system of transaction information disclosure and create a fair,impartial,open and transparent market trading environment;As well as improving the legal liability system of the trading market,it is clear that the responsible subject and the responsible way of responsibility.