Research On Civil Law Issues In The Reform Of Collective Management Land Use Right

The reform of the use right of collectively-operated construction land has been implemented,and the legislation of collectively-operated construction land entering the market in each pilot area has been characterized by locality,policy and decentralization.With regard to the legal attributes of the right to use collectively constructed construction land,there is a dispute between the theory of illegal fixed property under the legislative paradigm and the theory of usufruct rights under the paradigm of interpretation.Non-legal property rights say that there are limitations on the cooperative relationship between the violation of legal interpretation methods and the neglect of legal sources of legal property rights.The use of the right to property rights has obtained the support of the legal mitigation of property rights,has a legal interpretation basis,and is conducive to the advancement of reform.The pilot areas have different standards for the objects of the collective use land use rights.The article uses abstract and concrete methods to define business.On the one hand,business can be abstracted into private benefits,for-profit and equality.On the other hand,after abstracting the management,it can use the typed approach to collective management.The object of the right to use construction land is classified.Whether the scope of development rights after the market entry of collectively-operated construction land in the pilot area should include different modes of commercial housing development.There is also a dispute between the academic circles about whether the scope of development rights should include the development of commercial housing.It is forbidden to develop a proper foundation for the development of commercial housing.The basis for allowing the development of commercial housing lies in the requirements of the same land and the policy trend of collective construction land to build public rental housing.The provisions of the compensation object and the compensation calculation method for the collection of collectively-operated construction land in the pilot area are different.There are two viewpoints in the academic circles on whether the use right of collectively-operated construction land is the object of compensation.It is also controversial to calculate the compensation amount by means of subrogation or separate compensation.The basis for establishing the compensation right for the use of collectively-operated construction land is that the land ownership theory violates the principle of equal protection of property rights,reflects the fairness of compensation and facilitates the restriction of collection rights.The rationality of adopting separate compensation methods is that the compensation method respects the party's autonomy,helps balance and protect the interests between the parties and helps reduce transaction costs.