On The Scope Of The Land For Collective Management Construction

The core issue of the scope of land for collectively-operated construction is whether it should be included in the urban planning area.From the perspective of the land expropriation system,in order to achieve the reform goal of “strictly defining the public interest and narrowing the scope of land acquisition”,the collective management and construction land in the urban planning area should be allowed to enter the market.From the perspective of urbanization construction,allowing the urban planning area to enter the market can gradually transform the current development model that relies too much on “land finance”.In this way,the scope of land for collectively-operated construction should be included in the urban planning area.However,such a market entry first faces the difficult dilemma of Article 10 of the Constitution regarding the relevant provisions of “the land of the city belongs to the state”.This article interprets Article 10 of the Constitution through historical and realistic perspectives.It was found that the 1982 Constitution was a sudden stipulation of the issue of land ownership in the context of the country's overall turn to socialist economic construction after the end of the "Cultural Revolution".It was stipulated that "the land of the city belongs to the state" is a partial compromise of nationalization.At the same time,the “city” here refers only to the urban area(urban built-up area).This means that the collectively-operated construction land entering the urban planning area should not be directly converted into state-owned land except for the needs of the public interest before it becomes urban.On the contrary,before this,it has a constitutional basis for direct entry into the urban construction land market.This also provides space for the peasants to collectively achieve "autonomous" urbanization,and also meets the "people's urbanization" concept.Of course,when this part of the collective land becomes a city urban area completely,it should be transferred to the state.This transformation can be achieved through the “total transfer of power” of the collective land.Such a market entry can not only maintain the urban(urban)land belongs to the state-owned constitutional order,achieve the normative purpose of Article 10 of the Constitution,but also facilitate the benign interaction between collective land ownership and national land ownership,and remove China's land ownership.Unreasonable factors in the binary structure.