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Research On The Legal Issues Of The Right To Use Collectively-operated Construction Land

Posted on:2018-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:J J XuFull Text:PDF
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After decades of persistence and efforts,our society has undergone profound changes in every regard.The society has put on a brand-new look with its social productivity and industrialization improved as well as its urban scale being expanded in full swing.Along with the large-scale urban expansion,amounts of construction land are needed.However,the current state-owned construction land is fixed,which has been increasingly unable to satisfy the needs of urban expansion in terms of land resources.Under the circumstances,people start to turn their attention to the rural construction land,trying to exploit its potential land value to solve the current predicament.Introducing the use right of the collective construction land into the market can reduce the pressure of construction resources shortage.By providing scarce land resources for the social economic development,it can ease the burden of urban development.Yet the introduction of the land use right into the market lacks the support of relevant laws and regulations.If the rural land is going to enter the market,it shall be converted to state-owned land by the government through expropriation first.Sadly,due to the huge profits of the real estate market,some local governments always abuse the land expropriation system in the name of public interest,using real-low prices to forcibly expropriate the rural collective land and then turning it into state-owned land for a good selling price.High profits are made in the wide price spread but it damages the interests of the farmers,which has received criticisms from all walks of life.As is well-known,the land reform has always been one of the national key project,and the Third Plenary Session of the Eighteenth Central Committee of the CPC encourages and supports the introduction of collective construction land into the market.Thus,some local governments have positively responded to the call of the state and introduced a series of local policies.It is worth mentioning that the introduction of collective construction land use right into the market is expanding to a larger scale and now it has been implemented in more than 30 districts.And it shall be popularized across the whole country in the near future.Although the state and local government policies have provided some support and guidance for the development,it's still a very complicated long-term project.The pilot practices showed us many of the problems,which requires us to pay close attention to the actual implementation and timely spot the problems,gaining experience for the future implementation of the project.Meanwhile,the implementation cannot rely solely on the national and local policies.Those policies only provide macro guidance and we need formulate accessible operation methods,get rid of the obstacles from relevant regulations and laws,and establish a supporting system.By popularizing this project,we can protect the safety of arable land,use the land resource to its full without leaving it unused or wasted,protect the legitimate land interest of the farmers,which will have profound impact on the development of rural collective economy.This article mainly includes three aspects of content.The first part introduces the definition of concept,theoretical basis and policy evolution,which establishes the foundation of theoretical research.The second part is focus on the its barriers,mainly include barriers of legal system,rules of practice and the supporting system which contains the system of land planning,social security in rural areas and the collective land expropriation system,to find the barriers and difficulties of the use right of the collective construction land entering into market systematically and comprehensively.The third part is on the basis of the first two parts of research,exploring rules of the use right of the collective construction land entering into market actively,which mainly includes eliminating legal obstacles,improving the rules of practice and perfecting the supporting system.
Keywords/Search Tags:The Use Right Of The Collective Construction Land, Enter Into The Market, The State-owned Construction Land, Land Expropriation System
PDF Full Text Request
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