| This paper mainly focuses on the land circulation in China,especially the pilot work of rural collective operating construction land entering the market,combining with the background of new town construction in the Jizhou District,Tianjin.This rural land reform began in December 2014,when the former Central Leading Group of Comprehensive Reform Deepening deliberated and adopted the Opinions on the Pilot Work of Rural Land Expropriation,Market Entry of Collective Operational Construction Land and the Reform of Housing Land System(namely "Three Lands").At the thirteenth meeting of the Standing Committee of the Twelfth National People’s Congress in February 2015,the Authorizing the State Council to temporarily adjust and implement relevant laws and regulations in the administrative regions of 33 pilot counties(cities and districts)such as the Daxing District,Beijing,was discussed and adopted,and the Land Administration Law of the People’s Republic of China and the Urban Real Estate Administration of the People’s Republic of China were temporarily adjusted and implemented in the pilot areas.The relevant legal provisions stipulate that the authorization period is up to December 31,2017.At the beginning,there were 15 pilot projects for the introduction of collective operating construction land into the market,15 for the reform of housing land system and 3 for the reform of land expropriation system.In September 2016,the former Central Leading Group for Comprehensive Reform Deepening decided to expand the reform of the land expropriation system and the introduction of collectively operated construction land into the market to all 33 pilot counties(cities and districts).In November 2017,the group decided to expand the reform of housing land system to all 33 pilot counties(cities and districts).On November 4,2017,in order to make a good connection with the amendment of the Land Management Law,the Standing Committee of the Twelfth National People’s Congress decided at its 30 th meeting to authorize the temporary adjustment and implementation of relevant legal provisions in the pilot areas to extend to December 31,2018,in order to better demonstrate the integrity,systematicness,coherence and comprehensive benefits of the three pilot projects of rural land system reform.On the basis of on-the-spot investigation of the rural collective operating construction land entering the market in the pilot reform in the Jizhou District,Tianjin,this paper reorganizes the relevant legal issues of rural land transfer under the background of new towns: firstly,the frequent disputes caused by collective economic organizations infringing on the members’ interests;secondly,the imperfection of disputes settling mechanism in the exercise of power which cannot effectively guarantee the realization of rights;thirdly,the hidden dangers in the companies implementing rural collective operating construction land entering the market.Taking the Jizhou District of Tianjin as the object of analysis and based on the comparative analysis of relevant litigation cases,this paper explores the system of entering the market of collective operating construction land in rural land circulation,and puts forward three suggestions to improve the system of land circulation in China at this stage: first of all,protect the rights and interests of members of collective economic organizations,adhere to collective ownership,give the rural land ownership the status of usufruct and release the circulation vitality;secondly,establish and improve the rural land circulation service system,and the land transfer dispute resolution mechanism,establish legal aid institutions and coordination mechanism;thirdly,the government should reduce administrative intervention and let the market play the role of resource allocation,recommending that government organs implement fair competition inspections while introducing the competition mechanism and promote the marketoriented operation of land management companies. |
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