Study On Legal System Of Collective Commercial Construction Land Tenure Moving And Entering The Market

Karl Marx said that land is the source of all production and all existence.The formulation and reform of the land system has profoundly affected the progress and development of the entire society and played an important role in both the country and the people.China's current laws provide that the right to the use of state-owned construction land can be attributed to the land market for transfer of commodity attributes to the market,but collective commercial construction land tenure that also has the function of land use for construction is locked out of the land market gate.The contradiction between urban and rural construction land structures has become increasingly prominent,and this has led to a series of economic and social problems.The full text is divided into four chapters:Chapter One: Introduction.The background,significance,and related concepts of the construction of the right to use collective construction land for the transfer of construction land are defined,and the relevant theoretical foundations for constructing this system are explained.It is pointed out that there are many disadvantages to the free circulation of collectively-operated construction land.It is of theoretical,practical,and legislative importance to build this system;“same land,same right,same price” means that the same land is not affected by different ownership entities.The unequal right treatment and the difference in the formation mechanism of land prices;the theoretical foundation of this system construction includes the economic efficiency standard theory in law and economics,the theory of institutional change,the equal protection theory of real rights,and Marxist land rent theory.Chapter Two: The practical exploration of the pilot project and the new requirements on the legal system of collective commercial construction land tenure moving and entering the market.This chapter focuses on two parts: the practical exploration of the pilot project,and the new requirements under the vision of the strategy of rural vitalization.It is proposed that: in each region's pilot practice,it is worthwhile to learn from and absorb,but it also exposes some problems,we can sum up these contents and mathematical theory.Under the background of the strategy of rural vitalization,We have proposed new requirements for us to build a new moving system that complies with the development of the times – drawing on pilot experiences,promoting registration of rights,promoting rental of use rights,formulating land use planning,building new moving entities for joint-stock companies,and strengthening infrastructure and rural areas and social security system.Chapter Three:The analysis of obstacles to the establishment of the legal system of collective commercial construction land tenure moving and entering the market.This chapter analyzes the obstacles facing the current establishment of this legal system,mainly combining the practical exploration of the establishment of this system in various places,the relevant research in the academic community on this issue,the status of laws and regulations and the new requirements under the vision of the strategy of rural vitalization.There are four obstacles to the construction of the market entry system: the unequal rights of the two construction lands,the non-standard current land expropriation system,the lack of applicability of moving and entering market rules,and the imperfect system of relevant laws and regulations.Chapter Four: The ideas of building the system of collective commercial construction land tenure moving and entering the market.This chapter contrary to the obstacles of the current system construction and proposes a solution to the“four methods”: the equalization of the rights of the two types of construction land—The legislative reforms under the“limits”and “builds”and the explicit use of property rights attributes;the standardization of the land expropriation system-clear the scope of "public land",improve the compensation standards,standardize the collection procedures,improve the hearing process;the application of moving and entering market system into the rules-to confirm the transfer of the subject,clear the scope of moving,the establishment of a unified procedure and methods,and the strengthening of supervision;the improvement of supporting legal facilities-the registration system ofcollective land rights,the income distribution system of circulation into the market,and the protection system of farmers' rights and interests.In summary,the paper is written entirely by asking questions—analyzing problems—resolving problems,combining the problems in theory and practice in institutional construction,and adopting the perspective of “same land,same right,same price”,and catering to the strategy of rural vitalization.The new requirements of the project provide targeted new ideas for the establishment of the system of collective commercial construction land tenure moving and entering the market...