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A Research On The Market Entry System Of Collective Commercial Construction Land

Posted on:2020-07-29Degree:MasterType:Thesis
Country:ChinaCandidate:D D CaoFull Text:PDF
GTID:2416330575465217Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years,due to the rapid development of urbanization,urban land stocks are not enough to support the demand for construction land,so collective land has become the target of construction land demand.But because our country control over collective land in the planning and use way,collective land can only enter the construction land market by government expropriation and becoming state-owned.With the beginning of the reform of "Trinity land",the supply of land for construction has changed from a single mode of land expropriation to a two-track system of land expropriation and collective commercial construction land entering the market.In practice,"Entry into the market" reform has important impacts on the scope and distribution of benefits of land expropriation.So,coordinating the conflicts of scope and distribution of benefits between collective commercial construction land entering the market and land expropriation system,it is a breakthrough for the reform of the two.The first part of the paper analyzes the relationship between collective commercial construction land entering the market and land expropriation system.First of all,the analysis of the relationship between the two needs to define the concept of the two,"Entry into the market"refers to the collective "Commercial" construction land "Use right" entry into the market;land expropriation specifically refers to the government expropriation of collective land.Secondly,analysis from the perspective of theory and practice that collective commercial construction land entering the market and the land expropriation system have an internal relationship of "One and two sides".Finally,From the perspective of the current round of reform,this paper analyzes the impact that the reform of collective commercial construction land entering the market has on the scope of application and procedures of land expropriation and compensation of land expropriation.The dialectical analysis of the relationship between the two lays the foundation for the coordination of the two conflicts below.The second part of the paper analyzes the conflicts between collective commercial construction land entering the market and land expropriation system.The conflicts between the two are mainly manifested in two aspects:First,the conflict between the scope of application."Commercial"and "Public interest" coexist in the collective construction land,and this part of the collective construction land can not be clearly applied to "Entry into the market" or land expropriation system;This collective construction land can not clearly distinguish between the application of"Entry into the market" or land expropriation system;The government breaks through the scope of land expropriation and collects collective commercial construction land.Adhering to the principle of state ownership of urban land and realizing the nationalization of ownership of collective commercial construction land in the way of generalization of nati onalization;The second is the conflict of benefit distribution.Different from compensation in the land acquisition system,the purpose of "Entry into the market"is to restore power and allow the peasants to benefit from it.Taking Wenchang City of Hainan Province as an example,the income of "Entry into the market" obtained by farmers is higher than land expropriation compensation;The revenue from land expropriation by the government is higher than the "entry into the market" adjustment funds received.The third part of the paper is based on the second part and further analysis the reasons on the basis of the second part of conflicts.One of the reasons is that there are legal obstacles between the two.There are lack of specific usufruct regulations in the Property Law for the use of collective construction land,and there are obstacles to collective commercial construction land entering the market in the Constitution Law and the Land Management Law.At the same time,the legal provisions of "Public interest","Land expropriation procedure" and "Land expropriation compensation" in the land expropriation system are not perfect.The second reason is that the practical disadvantages of the two.The unclear content of "Commercial" leads to the ambiguity of the standard in practice;"Public interest" can not effectively play the role of restricting the scope of expropriation in practice.This analysis of reasons for conflicts between the two provide the basis for the proposed linkage reform measures.The last part of the paper puts forward the measures to coordinate the market entry system of collective commercial construction and land expropriation system:Firstly,improving related legal provisions of "Entry into the market" and land expropriation system.Secondly,in order to harmonize the scope of application of the two,we should improve the definition and scope of "Commercial" from the legal aspect;Make it clear that incremental collective commercial construction should be allowed to enter the market.Defining the definition criteria of "General listing +Reverse exclusion" of public interests and the recognition procedure of government as the main body.When the nature of the land is overlapping,the collective have priority to"Entry into the market".At the same time,when the collective is idle in exercising the right of "Entry into the market" endanger the public interest,the government may exercise the collection right and collect the collective construction land.Thirdly,in order to balance the benefits of the two,the "Entry into the market" adjustment fund adopts the "Land location + Transfer method" collection standard;The land expropriation compensation adopts the "Market price" standard.Lastly,explore the intercommunication between the two in the application.In the field of public construction import the "PPP model" of public-private cooperation;When collective commercial construction land entering the market form a reasonable price,the government should have priority to purchase it under the same conditions.
Keywords/Search Tags:Collective Commercial construction land entering the market, Collective land expropriation, Scope of application, Distribution of benefits, Linkage reform
PDF Full Text Request
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