On The Multiple Reform Model Of "Urban Village" And Its Legal Protection

With the continuous improvement of the level of urbanization in China,the "urban disease" brought by economic development is gradually affecting people’s daily life,among which the "urban village" problem has increasingly become a hot issue of social concern to all sectors of society.The transformation of "urban village" concerns the overall development prospects of the city and the protection of villagers’ rights.It is an unavoidable important issue in the process of urbanization in China.The problem of"urban village" has always been a difficult problem that plagues urban managers.The formation of "urban village" has profound social,economic and legal reasons.The long-standing dual system of urban and rural land in China is the fundamental reason for the formation of it and the state imposes extremely strict use control and circulation control on collectively-owned land,which makes it difficult to fundamentally solve the problem of "urban village" in a short time.At the same time,the imperfection of land expropriation system leads to the infringement of villagers’ legitimate rights and interests in the process of the implementation of some reforms.In addition,the capacity of the "urban village" has objectively met the living needs of floating population.These factors are the important reasons for the long-term emergence and existence of "urban village".The nature of the land in the "urban village" is very special.Although it is located in the urban area geographically,the ownership belongs to the collective.Under the existing regulations that the ownership and use rights of the land can not be freely transferred,the land resources of"urban village" are in a completely closed space,resulting in the idleness and waste of a large amount of capital.Because of the blurring of legal language and the lack of legislation,the traditional reform model which is represented by the land expropriation system,the nationalization of collectively-owned land and the shareholding system transformation of collective economy can achieve the purpose of reform,but its drawbacks can not be ignored more and more.It is the way to solve the problem of "urban village" to carry out the reform project according to the actual situation and local conditions and the construction of multiple reform model is an effective way to solve the relevant urban problems in China at present.The multiple reform includes transformation of collectively-owned land nationalization,self-transformation of collective economic organizations and zone expropriation.Although the reform can provide the new ideas for the solution of the problem of "rban village",it also faces some questions.So we need to give collectively-owned land the legitimacy to overall transform to the state-owned land,re-understand "rban land belongs to the state ",break down the existing system of strict control over the transfer of the land use right for farmers housing and establish the right protection system for the residents in the village.