Study On The Recovery System Of The Right To Use State Of Construction Land Idle

As the old saying goes,there are people in the land,and also in the government.If the land is not evenly balanced,the government will not be right.On the one hand,it is clear that the land is the basis for maintaining political stability.On the other hand,it also shows that the unreasonable distribution of land resources will have consequences for politics.The importance of the land is self-evident.Putting the current status of China's lands into effect is still a wake-up call and has to be thought-provoking.In practice,a large amount of land continues to be sold,and idle land is incessantly repeated,forming a deformed state in which land resources are effectively controlled by a small number of people.It is difficult to break the “storm” of this type of top-down campaign governance.This uneven distribution of land interests is not only detrimental to China's urbanization process has a good order and form,but also not conducive to the modernization of socialism with Chinese characteristics.Especially in the context of the development of the market economy and the increasingly prominent improvement of the land property rights system,the idle state-owned construction land use right recovery system obviously contradicts the basic trend and trend of the society in practice.It is precisely because of this that the purpose of this paper is to study the theoretical and practical problems of the useless state-owned land repossession system in order to standardize the land market and achieve effective recovery of idle land,thereby ensuring that the value of land can be rationally distributed.First,it elaborates on the basic overview of the system for reclaiming the right to use state-owned land for construction purposes,and analyzes the system purpose,system content,and system connotation of idle state-owned land use right repossession system.Among them,the purpose of the system is mainly to improve the land use rate and regulate the land market;the system content mainly includes the definition of idle land,the identification of idle land procedures,and the recovery of idle land;the institutional connotation is mainly to discuss the nature of the land use rights recovery behavior.Secondly,there are problems in the system of recovering the right to use state-owned land for construction use,and combing and classifying the corresponding problems.It mainly includes the following issues: First,the land and resources department has a dual role,which is both an "athlete" and a "referee";and secondly,a substantive issue.The gratuitous recovery method deprives the land use right holder and the mortgagee's legitimate rights and interests;the determination of the responsibility for idle land in the paid recovery method is irrational;third,the procedural issue.The identification procedure for idle land is incomplete;the mechanism for expression of interests of mortgagee is not available in the paid recovery method.Finally,in conjunction with the issue of idle state-owned construction land use right recovery systems,relevant methods and suggestions are targeted.First,to achieve a unified dual status and responsibilities.In conformity with the basic direction of the reform of the Ministry of Education,it is constructive to propose the unification of powers and responsibilities in the process of land transfer and land resumption to prevent the separation of different identities.Secondly,on the issue of the entity,the first is the way to free recovery.For violations of legitimate interests of interested parties,it is recommended to guide the withdrawal of logical transitions through the establishment of unilateral cancellation of contractual rights.Second,for the logical confusion of the identification of idle land liabilities,it is suggested that a functional regression of the causal relationship be adopted to solve the problem.Third,in the procedure on the issue of sexuality,the first is the improvement of the identification procedure for idle land.It is proposed to construct a third-party mechanism to investigate the status of idle land;the second is to improve the expression mechanism of the interests of the land mortgagee,and proposes to set the object of the mortgagee to object to the recovery plan.right.