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A Study On The Scope Of Entering The Market For Collective Commercial Construction Land

Posted on:2021-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:H T WangFull Text:PDF
GTID:2416330602976410Subject:Law
Abstract/Summary:PDF Full Text Request
With the sustained and rapid development of China's economy and the continuous improvement of urbanization level,more and more construction lands are needed for the urban development demands.At the same time,the utilization of a large number of collective construction lands in China is low,and farmers' land property rights are not effectively guaranteed.In the face of this increasingly serious problem,the third plenary session of the 18 th CPC central committee complied with the demand for collective construction land and state-owned land with the same rights and prices,and put forward the collective management of construction land into the market policy.Then,the state has carried out in the market reform pilot work,however,the corresponding supporting system is not perfect.Meanwhile,there is no relevant regulations,which gives detailed and specific guidance for the collective construction land market make.Therefore,a lot of problems appeared in the process of market practice,especially the collective management of construction land market scope.The marketization of collective profit-making construction land allows the owner of collective construction land to transfer the land-use right to other economic entities,thus breaking the state monopoly of construction land market.The scope of the pilot project to enter the market is limited as follow: allowing the stock of rural collective commercial construction land to enter the market circulation.In line with the planning,use control and the premise of obtaining according to law.Since the connotation and extension of the commercial construction land are not clear,it is more difficult to determine the scope of market entry.The understanding of the scope of market entry should be considered from the aspects of the reform purpose of market entry,the status of land use in China and the exploration of the circulation of collective construction land.The quantity of stock operating construction land is unevenly distributed in the whole country.The quantity of stock operating construction land is large in the eastern region and small in the central and western regions.In addition,it is not conducive to the realization of the goal of establishing aunified construction land market in urban and rural areas to limit the commercial construction land to the stock scope.The study on the scope of market entry needs to sort out the evolution history of the circulation of collective construction land use right,draw on relevant experience.On the other hand,we should explore the scope of market entry through analyzing the pilot areas,so as to lay a foundation for the nationwide promotion of market entry reform.The reform of collective commercial construction land into the market,the reform of land expropriation system and the reform of house land are three important aspects of this round of land reform.Homestead reform makes the idle homestead can be paid to withdraw,and will vacate a large number of idle homestead;To reduce the scope of land requisition,new supply channels are needed to provide construction land for economic development.The introduction of collective operational construction land into the market not only solves the problem of inefficient circulation and utilization of collective land,but also provides a large amount of construction land for the market,which helps to alleviate the dilemma of shortage of construction land.However,in the process of market entry reform,the scope of market entry is not clearly defined but narrow.Based on the significance of the scope of market entry to the reform,laws and regulations should be formulated to guide market entry,and the scope of market entry should be expanded to allow incremental operational construction land to enter the market.
Keywords/Search Tags:collective commercial construction land, Scope of market entry, Land system, Incremental operating construction land
PDF Full Text Request
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