Practice Study On The Right To Use The Rural Collective Management Construction Land

The concept of the use of rural collective construction land use rights refers to the fact that the relevant land for rural economic construction can enter the market together with state-owned construction land under certain conditions and enjoy the same price,and in this process,it is necessary to guarantee the upcoming market entry.The legitimacy of ownership of these rural economic construction lands and the compliance of their land planning attributes can only meet these conditions.At present,the use rights of idle or insufficient development and utilization of collectively-owned construction land can be used to carry out relevant transfer changes..Through investigation and analysis,the author finds that there are serious shortcomings in the theoretical and practical research on the collective construction of rural collective construction land in China,which will not meet the needs of the central government to deepen the reform of the rural land system.Among the 33 key observation and test areas selected in China,Dazu District has accumulated a great deal of practical experience through the practical implementation of abundant forms of collectively-owned construction land to enter the market.Dazu's experience will improve the collective management of rural construction.The land use rights system,the main body of the market,scope and approach,and the establishment of a sound market trading rules and service supervision system are of great practical value.It provides an important framework for the construction of a land value-added profit distribution system for the benefit of all parties and the development of a mature urban and rural unified construction land market.The reference,at the same time,is also conducive to the realization of equal access to the market for the use of rural collective construction land use rights and state-owned construction land use rights,as well as the barriers to market mobility,as well as the rational distribution of profits,and the optimization of the same rights with the same price.Significance,and also provide a certain basis for the construction of rural collective construction land use system.At present,along with the vigorous development of China's economic market and the continuous deepening of the urbanization process and the development of rural industries,the inherent land use system and related laws and regulations have been somewhat inadequate.At the third plenary session of the 18 th Central Committee of the Communist Party of China,the proposal and opinion of “allowing rural collective construction land to be used for equal access to the market and the same rights as state-owned land” was put forward.The rational distribution of urban and rural land resources and the promotion of the sustainable development of the new urbanization system and the introduction of collectively-operated construction land have provided direction.Allowing the use of rural collective construction land for more flexible application based on actual conditions will effectively solve a series of social problems caused by the government in the process of land acquisition.At present,domestic scholars have carried out studies on the entry of market access,operating modes,and related systems for the use of collectively-owned construction land use rights into the city.These studies have provided experimental sites for rural collective construction land to enter the market.Persuasive theoretical basis.After extensive research and discussion,domestic scholars have summarized the basic characteristics of China's rural collective construction land use rights: First,the main body of rural land ownership in China is the majority of farmers;Second,rural collective construction land has its own The unique nature and characteristics are very different from those for agricultural land and state-owned land for construction purposes.Third,from the perspective of the acquisition of land use rights,there is a lot of ambiguity in the management of rural collective construction land.The theoretical circle has also made a brief classification of the ways in which China's rural collective construction land for construction enters the market,that is,it mainly includes the way to enter the market locally,the way for the industrial concentration area to enter the market,and the way to enter the market for the city in the village.During the actual operation,at this stage,in order to explore the reasonable mode of establishing transactions related to the use right of rural collective construction land,and establish and improve the market entry mechanism,China has carried out a large number of trials and explorations in various typical townships and counties nationwide..The successful pilots include the Suzhou model,Anhui Wuhu and the South China Sea model.Such a pilot project has a very important guiding and demonstration significance for the deployment of this model nationwide.It involves not only the economic development of the people's livelihood in the pilot area,but also the tangible interests of the broad masses of farmers across the country.Therefore,the pilot project The various measures in China must comply with the laws and regulations in force in China and must report and deal with the special problems that have emerged in the course of implementation.The implementation of strong debugging points needs to be conducted with caution and security to control risks.However,in the pilot regions that have already been carried out,the path selection and related regulatory areas for rural collective construction land use have still leaked out some unavoidable system problems,resulting in the current market selection and system of rural collective construction land use.There is no major breakthrough in the specification.Dazu District of Chongqing Municipality is one of the pilot district counties where the first batch of rural collectively-owned construction land use right projects entered the city.Chongqing Dazu District Committee and its functional departments carried out pilot projects and rural collectives that have been planned for construction use.The original work related to business land use.Dazu District classified rural collective construction land according to regional factors,area factors,and use conditions,and then made a choice based on different perspectives.Dazu District fully respects public opinions in the process of entering into the operation of collective construction land for construction in rural areas,and focuses on defining the scope of collectively-operated construction land,clarifying the main body of the city's construction,establishing an evaluation system,and modifying and improving the normative documents.The main forms of transfer and transfer are mainly the transfer of the right to use,and the transfer method mainly adopts the public transaction method,and the transfer use is mainly based on commercial characteristics.What is more important is that Dadu District's pilot operating procedures formed during the trial process and related policies and opinions issued will provide us with valuable experience in the legal regulation of the circulation market in the future.In the Dazu pilot project,we focused on exploring the introduction of local market access and adjustment of centralized areas into the city,constructed a scientific and rational revenue distribution system,and established and improved the power system for collective use of construction land use rights.At the same time,how to deal with the problem of how to balance the land acquisition system and the market entry system,how to dispose of the land parcels when they are expropriated,and how to deal with the above-mentioned construction(structure)structures after the expiry of land assignments in the market have also raised new topics.Conduct more in-depth research and analysis.In the article,the author also put forward his own opinions and suggestions on the analysis of the transfer of collective construction land use right from the perspective of legal system construction.