Study On The Legal Problems Of Using Collectively-Owned Land For Public Rental Housing Construction

With the continuous development of China's economy,many benefits brought by urban development have attracted large numbers of people into cities,especially economically developed cities,and this has driven the problem of the basic housing of these workers to become particularly prominent.The trial of collectively owned land for the construction of public rental housing is a useful attempt to solve the current social problems,but it is also inevitable that this practical problem of breaking the legal restrictions is inevitable.This article focuses on the legal issues faced by the use of collective land for the construction of public rental housing,and conducts a comprehensive study on the issues involved in the process of the trial application of public rental housing and the benefit distribution process after the completion of the final construction.Legal issues provide advice.In addition to the introduction and conclusion,the full text consists of four parts.The first part elaborates the related concepts involved in the construction of public rental housing for collectively-owned land,introduces the basic information of the objects involved in the pilot project,and clearly defines the importance of using collectively-owned land for the construction of public rental housing.The second part is to explain and analyze the significance and concrete practice of collective land for the construction of public rental housing.The first is to expound the positive significance of the use of collective land for the construction of public rental housing,and then to analyze the relevant pilot conditions to highlight the problems encountered in the specific practice of the policy.The third part is to elaborate and analyze the legal issues of collective land use for public rental housing.The legal issues in the project include: First,it violates the statutory use and scope limitations of the collective construction land;Second,there is a legal obstacle to the financing guarantee during the construction process.The collective construction land use right as a security is not allowed under the law.Third,with the continuous advancement of urbanization,the ownership of collective land will be set to violate the constitution;finally,it is difficult to balance the interests of various legal entities,which may easily cause conflicts and conflicts,harm the interests of farmers,and infringe upon the rights and interests of land.The fourth part is suggestions on legal issues.The first is to relax restrictions on the use and scope of collective lands.Specialized management of the pilot areas can be carried out in the form of decisions issued by the Standing Committee of the National People's Congress,or the use of court cases to regulate related issues.With the continuous expansion of the pilot project,the relevant regulations are subject to certain modifications.The second is to relax the restrictions on the use of collective construction land use rights as guarantees,and to formulate provisions for the use of collateral financing for collective construction land use rights;again for the Constitution.Article 10,paragraph 1,carries out a new understanding,provides institutional support for the construction of public rental housing in the future,and finally creates a useful mechanism within and outside the collective economic organization so that the pilot project of the project can better play its role and better implement the Collective interests.