Study On The Circulation Income Distribution Of Collective Operational Construction Land

At the Third Plenary Session of the 18 th CPC Central Committee,it proposed to enter the market for collective operational construction land and realize "same right and price as state-owned land".After a series of research and exploration practices,the market of collective operational construction land has finally become the trend and direction of rural land reform.In the transaction of collective operational construction land,profits distribution is the core issue in the reform of collective construction land property rights system,which effectively affects the property rights and interests of the collective economic organizations and the vast numbers of peasants.It also deeply influences the balance of land finance of local governments and the region development.The existing legal system still can not provide a good system of supply for collective operational construction land.In practice,there exist over-interference of public power in profits distribution and disarray of income distribution caused by the unclear definition of rural land property rights.Profits distribution within collective economic organizations mechanisms and monitoring mechanisms are not perfect.Since there is no unified market for land transactions,there are great differences in the determination of the price of the collective construction land,the formation and the distribution of profits.This paper uses the literature research method,comparative research approach and interdisciplinary research method to analyze how can the benefits that formed during the transfer process be allocated reasonably between the relevant interest part.Through the theoretical analysis of income distribution and the introduction and conclusion of the relevant provisions in the pilot areas,the authors identify the main body of revenue and the design of the distribution mechanism,streamline the interest relations between the government,collective economic organizations,farmers and land users.Analyzing the contradictions and problems existing in the distribution of profits.According to the confirmation of property rights system and the identification of farmers' collective membership,the scientific design of disposition of income for collective operational construction land is realized.In addition to the preface and the conclusion,this article is divided into four parts: The first part introduces the definition of relevant concepts of income distribution of collective operational construction land,including the meaning of income distribution and circulation,analyzes the theoretical basis of income distribution that provide a reasonable basis for designing the next distribution program.As for whether the government can participate in the distribution of income,this paper argues that the formation of incremental benefit of land circulation is due to the improvement of infrastructure,the improvement of the surrounding environment and the development of society and economy according to the theory of “Public appreciation”.In addition,the direct entry of land to the market led to a large reduction in the income of the government by leviing the land for sale,which cause a certain degree of influence on local finance.It may lead to a decline in the level of public service.Therefore,the funding gap should also be compensated through a reasonable way,so as to ensure the smooth performance of the local government's public service function.It is reasonable for our government to gain the land appreciation income.However,since the government is not the owner of collective land,it can not directly share the income from market entry and transfer,but should obtain it indirectly through taxation and so on.The second part starts with the main body of revenue distribution,summarize through the circulation model of the existing pilot areas and the relevant regulations of income distribution in the collective operational construction land.The third part summarizes the existing problems of unreasonable income distribution in local policies and practices.The article analyses and solves the problem mainly around the issue of the identity of government beneficiaries and managers,the disarray of property rights of collective economic organizations,the ambiguity of the collective membership rights of peasants and the lack of effective protection of the rights and interests of land users in the process of obtaining the proceeds from the relevant subjects of income distribution.Due to the lack of supporting facilities for the collective operational construction land,the specific operation norms are not uniform in all regions.In this process,the government and cadre at the basic level have the phenomenon of rent-seeking right and occupying land rights and interests of peasants.The fourth part puts forward the system conception of optimizing the design specific income distribution plan.In order to better protect the collective members of farmers from entering the market share of land revenue,the paper explores the deep-seated reasons that affect the value of the land for collectively-owned construction and restrict the reasonable distribution of the benefits of land transfer.Improving the collective rural land subject system and construction of ownership mechanism.The article aims to straighten out the interests of the main distribution of the various income distribution through the land tax system,the collective land ownership system,market transactions and the framework of collective economic organizations internal structure and other aspects to improve.Building a complete income distribution mechanism so as to truly protect the rights and interests of farmers and increase the peasant property income,promote the integrated development of urban and rural land markets,and promote the process of rural land reform.