The Construction Of The Civil Law Of The System Of The Right To Use Collective Construction Land

In order to reduce the gap of rural and urban development,to break the shackles of collective construction land use rights to enter the market and make the land resources can meet the demand of the land market economy in our country,in recent years,our country constantly use of collective construction land market policy,realizing the maximization of farmers' collective land use,and on a national scale expansion stage,regional pilot projects.Under the policy goal of unified urban and rural construction land market,the collective construction land and the state-owned construction land with the land resources should be put to good use,in order to solve the shortage of land market in our country at present,for limited resources,urban land development imbalances and the collective construction land,farmers and the collective economic organizations with a large amount of land resources at the same time also can enjoy the value-added benefits,reduce the gap between rich and poor.Before the adoption of the amendment to the land management law,the right to the use of collective construction land was restricted by the system,the implicit transaction existed with the open market,and there was a contradiction between the practical level and the theoretical system.At present,the "land administration law amendment has been initiated,the amendment broke the previous collective construction land use rights of the legal barriers to enter the market,market conditions,rules,content involved in the relevant legal path,but still not perfect place,the rights of the collective construction land use rights attribute,aspects of the rules of the market cannot be reflected in the law,need a complete system architecture.The civil law.As a fundamental law of rights,civil law should provide institutional guarantee for the smooth entry of the right to use collective construction land into the market,improve the power allocation in the civil law structure,so that the right to use construction land can enter the market circulation under the condition of clear ownership and right elements.The first part of the paper introduces the research background,significance,domestic and foreign research on the right to use collective construction land into the market,as well as the research ideas and innovative points of the paper.The research on the right to use the collective construction land in China mainly focuses on the following aspects: whether the right to use the collective construction land has the property right nature,the qualification of the income distribution subject and the content of the distribution system,and the rules of the right to use the collective construction land in the market.Foreign scholars focus on the land property right system,land transfer system and land system change theory.In addition,this part of the paper on the research ideas and innovation points are sorted out.The second part mainly focuses on the general problems of collective construction land use right into the market.It mainly includes the definition of collective construction land use right;The definition of the right to use collective construction land and its origin;And the theoretical basis and system value of the right to use collective construction land to enter the market.Based on policies and systems,this part explains that although the right to the use of collective construction land is not explicitly stipulated by the property law,it should refer to the right of social organizations and individuals to possess,use and benefit from the collective-owned construction land according to law by way of transfer.The so-called entry into the market is actually the product of our country's further liberalization of rural land circulation.The theory of land property right,the theory of land supply and demand,and the fair theory of income distribution are the theoretical basis for the right to use collective construction land to enter the market.The third part reviews the historical changes and the situation of the reform pilots of the right to the use of collective construction land in China from the practice,analyzes the working status of the subjects,projects and transaction procedures of the pilot projects in several provinces,and summarizes the problems existing in the reform.The main performance in the local policy is not unified,the transaction mechanism is not perfect and the income distribution mechanism is not sound.The above problems are closely related to the lack of perfect civil law system of the right to use collective construction land.The fourth part discusses the defects of the collective construction land use right in the civil law system from the perspective of civil law.First,the basic right system of collective construction land use right is not perfect.Is reflected in its property right nature is not clear and the power content is fuzzy.Second,the system of subject and object of collective construction land use right is not perfect.Firstly,the subject of collective land ownership is not clear due to its virtual position.Second,the current system limits the object of market access to the collective construction land and limits the scope of rural land access to the market.Third,the transaction mechanism is not sound,that is,the collective construction land use right to enter the market in the primary market,the secondary market there is not sound trading mode,trading rules.Fourth,the income distribution system is not perfect.That is,the main performance of the income distribution subject is not clear,income distribution rules are missing.The fifth part puts forward some Suggestions on the problems of the civil law system of collective construction land use right entering the market.Think in clear should stick to the rural collective land ownership,both resource utilization and protection under the premise of basic principles,the first should be established based on the transfer of collective construction land use rights obtained the usufructuary right of property,clarify collective construction land use rights to possess,use and benefits of the power of content,and should be registered as the requirements of the real right change to take effect.Secondly,the assignment subject and implementation subject of the right to use collective construction land are established,and the object scope of the right to use collective construction land is expanded.Secondly,we should improve the trading rules of collective construction land use right in the primary market and the secondary market,and propose that the land owner can reclaim the use right free of charge when the right expires.Finally,the paper puts forward feasible Suggestions on the income distribution system of the right to use collective construction land in the market,establishes the qualification of the subject of distribution,and clarifies the distribution rules among the collective economic organizations and members as well as among members.