| After the reform and opening up,with the rapid development of social economy and the continuous increase of urbanization in recent years,the land transaction market is in short supply,and the state-owned construction land reserve is difficult to meet the development demand,so the rural collective construction land has been widely concerned.However,according to the current laws in China,only the right to use state-owned construction land can be directly traded in the land market,and the right to use collective land is rejected by the market.However,in practice,the private sector has formed an invisible collective operating land transfer market.However,due to the absence of relevant laws,the operation of the invisible market order is poor,and prone to a variety of disputes.Therefore,the construction of legitimate and reasonable collective operation of the construction land market is imminent.In order to balance the supply and demand of the land market,in February 2015,the standing committee of the National People’s Congress passed the decision on authorizing the state council to temporarily adjust and implement the relevant laws and regulations in 33 pilot counties(cities and districts),including daxing district,Beijing.By the end of 2018,the pilot project for collective profit-oriented construction land has been completed.In view of the current trend,it is imperative for collective operating construction land to enter the market nationwide.However,this system has been established in China from scratch and is still in the exploration stage.As it involves the interests of individual farmers,rural collectives and the state,it is necessary to construct a new system to regulate the market access of collective profit-oriented construction land.There is no lack of experience for reference before the introduction of collective profit-oriented construction land into the market.In practice,as early as the 1990 s,some areas began to transfer collective profit-oriented construction land and land transactions existing in the invisible market.The establishment of a new market system for collective profit-oriented construction land can meet the demand of urbanization and relieve the pressure of land supply.To safeguard farmers’ land property rights and increase their income;Eliminate invisible land market transactions.Through the pilot areas of government website and apply for information disclosure,this paper has collected 13 pilot areas of the market rules,and the market rules of the 13 regions respectively are analyzed and summed up the collective management in the process of the construction land market how is the important content in the rules around,and the pilot areas of specific market rules and market practice.At the same time,wujin district,changzhou city,jiangsu province,wuhu city,anhui province,pixian county,sichuan province and longxi county,gansu province are selected as the objects of practical analysis.The practices of these four regions have their own characteristics,advantages and disadvantages.To establish a sound system for the marketization of collective profit-oriented construction land,relevant legal provisions on the marketization of collective profit-oriented construction land should be perfected,namely,relevant provisions in the land management law and the property law should be revised,and a special regulation should be formulated to regulate the marketization of collective profit-oriented construction land.It is clear that peasant collectives are the ownership subject of collective profit-making construction land,and peasant collectives should truly exercise various rights to the land.The establishment of a special market for collective profit-making construction land;For some scattered distribution of small pieces of collective operating construction land,we should carry out integration according to law;We should further clarify and strengthen the supervision subjects and matters of the collective profit-oriented construction land trading market. |
PDF Full Text Request