The Legal Dilemma And Outlet Of Unifying Urban And Rural Construction Land Circulation Market

Land is the most important production and living material for human society.For a long time,the problem of urban and rural construction land has always been a hot issue.The dualistic structure system of urban and rural land market leads to the separation of construction land in urban and rural areas and the rural land prices become extremely distorted,failing to make effective use of land resources,rationally allocate land resources and protect the interest of peasants who lose their land.In the Third Plenary Session of the Eighteenth Central Committee,it was proposed to let the market play the decisive role in allocating resources and form a unified construction land market for both urban and rural areas.At present,the land factor market system has taken initial shape in China.The only difference between collective construction land and state-owned land lies in ownership and there are no apparent distinctions in their economic attributes and function.Therefore,the further land system reform should aim to deepen the collective construction land market,clarify the collective construction land property rights,perfect and revise the relevant laws and regulations,and promote the optimal allocation and rational utilization of the resources of the collective construction land.This paper attempts to analyze the existing legal impediments in the urban and rural construction land market,and explore the legal approach to form a unified construction land market for both urban and rural areas in China.