A Juristic Research On Circulation Of Collective Construction Land

Land is one of the most important factors of production,only in circulation can be scientifically and reasonably configured,with the deepening of the process of urbanization,the circulation of collective construction land use right has been overwhelming.At present,what doesn't match the reality of a large number of frequent transactions is the imperfect legal system.Not only inconsistent within the internal norms,but also the reality of life,which increases the resistance to the development of social economy.We advocate the transfer of land,but it must be ordered,the wanton transfer will be certain to cause a series of problems.So the reform of the legal system of collective construction land circulation is imminent and should not be delayed.The Third Plenary Session of the 18th Central Committee of the CPC reviewed and adopted the Decision of the CCCPC on Some Major Issues Concerning Comprehensively Deepening the Reform,clearly put forward to establish a unified construction land market between urban and rural areas and realize the same rights and interests of rural collective construction land and state-owned construction land.At the national level,the reform of the legal system of collective construction land circulation is being carried out actively and steadily.This reform is a systematic project,not only to modify the legal provisions will be able to work once and for all,but also need multi-angle,all-round consideration,through the systematic improvement of relevant supporting measures to offer support and guarantee.In recent years,many areas in our country have carried out the corresponding pilot reform,accumulated a lot of experience for our overall reform,but there are still many places to be improved.In this paper,the author will be based on their own knowledge related to legal profession,combined with their own interpretation of the relevant policy on land,summarize advanced experience of some typical pilot,by using the methods of document analysis,qualitative analysis and system analysis,expound the legal problems existing in the circulation of collective construction land and put forward constructive legal countermeasures.Full text besides preface and conclusion,is divided into four parts,the specific core content is as follows:Part 1:Overview of collective construction land circulation.This paper mainly introduces the concept and the legal nature analysis of construction land circulation and collective construction land circulation.The introduction to these basic concepts lays the foundation of further research below.Part 2:Analysis of the necessity of collective construction land transfer.This part has five points:It is not only on the basis of law and policy also has a certain realistic foundation.Which guarantees farmer's rights and interests.What's more,it is the inevitable requirement to realize the collective land property rights and the practical demand to rationally handle the small property room and the development of urban-rural integration in need.Part 3:The current situation of rural collective construction land circulation in China.It introduces the practical situation of our country's rural collective construction land circulation,the local experience of reform to collective construction land use rights transfer system,and the representative of the country's few pilots have been selected,they are Wuhu,Jiaxing,Chongqing,Suzhou,Shandong and Hainan,and the problems in the process of collective construction,including the inconsistency between law and legal principles,the inconsistency within legal norms,and the absence of legal problems that exist in the legislation,the lack of intermediary institutions,the government for land planning,the destruction of income distribution relationship confusion,and collective land expropriation compensation system lag and other problems are discussed.Part 4:Put forward some suggestions to improve the legal system of collective construction land circulation.Including the following aspects:the proposed modification suggestions for some of the lagging specific legal provisions,to formulate laws,regulations and detailed rules for the implementation of the nationwide collective construction land transfer;perfect the system of collective construction land,which mainly includes the reform of collective land ownership system and the improvement of the collective construction land use rights system;build the construction land price system formation system,including the collective construction land graded valuation system,the minimum price system and the price declaration and open bidding system,giving full play to the role of market regulation,and truly achieve the same price;improve the land registration management system,including the establishment of collective construction land circulation registration system and a unified land registration management system;the improvement of the income distribution system as well;reform the collective land expropriation and compensation system,including the two core issues of how to accurately define the connotation and the scope of the public interest and how to improve the subsequent compensation and resettlement system.Improving all of these supporting measures is benefit to regulate the collective circulation land.