Research On The Allocation Of Rights Of Participating Subjects In Collective Management Construction Land

The rural collective construction land use into the market is a reform closely related to the immediate interests of farmers.Among them,the most important part of the collectively-operated construction land entering the market is the allocation of rights between the various rights entities involved in the market entry of collectively-operated construction land.The allocation of land for collectively-operated construction land is based on the transfer of rights of collectively-operated construction land,including the allocation of management rights and use rights of collectively-operated construction land,and the participation of members of collective economic organizations in voting rights.And the allocation of income distribution rights.The main body of the allocation of land for collectively-operated construction land includes:peasant collectives,class members,land use rights holders other than collective economic organizations,and the government.Among them,the specific rights allocation between the peasant collective and the class members includes:the right to purchase the land,the right to supervise and vote for the collective construction land,the right to revoke,the right to distribute the income of the collective and the members;the collective and collective economy of the peasant The specific rights allocation between members other than the organization includes:the right to reclaim the land use right of the collectively-operated construction land,the compensation right after the recovery,the transfer of the land use right of the collectively-operated construction land,the exchange and mortgage;The specific rights allocation with the peasant collective includes:the government’s macro-control rights and income distribution rights.Of course,the subject who enters the market,while enjoying the rights,should also bear the obligation to follow the rules of the market,pay taxes and fees,and distribute the proceeds through the voting of members.In the pilot,the localities have formed their own mode of entering the market.The Songjiang District of Shanghai has formed an inherent“Songjiang Model”,the Daxing District of Beijing has formed a "town-level coordination model",and the Zezhou County of Shanxi has formed the "Zezhou Model".Chongqing Dazu District has formed a“land ticket model ",and these models have achieved good returns.However,while the land for collectively-operated construction enters the market,the problems between the allocation of rights are becoming more and more obvious.First,the current effective laws impose uncertainties on the ownership of collective construction land,which makes it difficult to register land rights.The government’s position in the market for collectively-operated construction has no clear boundaries,which leads to the indifference between government and enterprises,the government’s participation in income distribution,and the market economy is subject to government intervention.Third,the way in which collectively-operated construction land enters the market and the subsequent supervision are insufficient.The way of entering the market is too singular,and there is no reasonable planning for the waste of resources after the land for collective management construction enters the market.Fourth,farmers’ participation in decision-making power has been restricted.The biggest problem still exists in the pilot is that the current proportion of collectively-operated construction land is unevenly distributed,and insufficient stock of land will affect the development of collectively-operated construction land.In response to the above problems,the paper also puts forward the following suggestions:First,it is suggested that the introduction of relevant laws such as the Land Administration Law and the Property Law should be introduced to clarify property rights and link reform with legislation;The functions should be clarified,clarify the role of the government in the market,and minimize the government’s intervention.The asset company should change to the member management system,and the land value-added income adjustment fund should be treated according to the government’s non-tax revenue.The third is to protect the participation of members.The right to use and the right to obtain property rights encourages the construction of collective rental housing and other measures.In order to enhance the access rights of farmers’ land property,the allocation of collective income from construction land will be maximized.