Case Study On The Circulation Of Rural Collective Commercial Construction Land In China

With the development of economy and society in China,the demand for land resources is growing along with the acceleration of urbanization.Meanwhile the stock of state-owned land is insufficient,and the collective land circulation is not smooth due to the limitation of the current land management system.In practice,to alleviate the fierce land supply and demand contradiction,the collective land market began to loosen,showing the co-existence of legal and illegal circulation.Therefore,the number of collective land disputes has increased year by year,and the types have become increasingly complicated.To solve these problems above,this paper selects three typical cases,They are the land transfer case of the Liaoyuan Village Committee v.Sanqin Electric Furnace Company,Wang Guixiang v.Luzushan Land Transfer Case,Li Wenshun v.Zhang Chengxiang Land Transfer Case.By analyzing the opinions of all parties,We can find four dispute points,namely: the understanding of Article 63 of the Land Administration Law,the criteria for determining the validity of the contract,the scope of the jurisdiction of the court,and the specific application of national policies.This paper draws four conclusions.Firstly,judging whether Article 63 of the Land Administration Law is a legally valid or administrative mandatory provision,the collective land in the article should be subdivided into agricultural and construction land.Secondly,before measuring the influence of the registration of the confirmation power on the validity of the contract,one should not only distinguish the validity of the contract transfer and the change of the right to use construction land,but also clarify the status of the administrative organ.Thirdly,one should try to subdivide the land use behaviors into market-oriented and non-market-oriented before judging whether the court has jurisdiction.Fourthly,national policies can provide the legal basis,but they should be strict controlled.The three cases also show that the root cause of collective land dispute is that the current legal system is contradicts with the realistic demand of land circulation and the reform policy of land system.Therefore,in addition to solving the disputes of this type of case,this paper also tries to improve the rules for the transfer of Collective Commercial Construction Land.In response to the dispute over Article 63 of the Land Administration Law,it proposes to change the restrictive clauses in the LandAdministration Law;to clarify the government's position in the land transfer in response to the dispute over the effect of the confirmation of the validity of the contract;In the dispute of power,it proposes to establish a multiple mechanism for collective construction land disputes;in response to the dispute over the influence of national policies on the effectiveness of contracts,it proposes to speed up the legalization of policies related to land system reform.