| The Third Plenary Session of the 18th Central Committee of the Communist Party of China clearly pointed out that it is necessary to earnestly promote the reform of rural collective management and construction land into the market,and based on this,realize that rural collective management and construction land will enter the market on the same level as my country’s state-owned land.This is of irreplaceable significance for breaking through the dual pattern of urban and rural land in my country.In 2019,my country’s newly revised "Land Management Law" made a clear system requirement for collectively-run construction land to enter the market through collectively-run construction land.The way of reform can greatly improve the land income of our country,but how to distribute the income so sharply among the stakeholders is one of the problems that needs to be solved urgently at present.According to the analysis of the implementation status of each pilot area at the current stage,the value-added distribution of collectively-owned commercial construction land in the market still has various deficiencies in the process of practice: First,as far as the main body of income distribution,for which It has the right to participate in the distribution of income.There is a lack of uniform regulations at the legislative level,and the practices of various pilot regions are also quite different.Secondly,in terms of the objects of income distribution,what are the income that can participate in the distribution,and the specific identification criteria should be how,there is still debate.Thirdly,as far as the process of income distribution is concerned,there are problems of imperfect decision-making system and lack of internal and external supervision.Finally,in terms of the means of resolving disputes over income distribution,there is currently a lack of legal provisions in this area in our country,so it is difficult to resolve disputes arising from the process of income distribution in a timely and effective manner.The main reasons for the above problems are the mutual game between various stakeholders,the lack of legal support for the government to participate in the distribution mainly by collecting land value-added income adjustment funds,the imperfect democratic system at the grass-roots level,and the lack of complete decision-making and monitoring procedures for the distribution of appreciation gains.Under the current background of vigorously promoting the reform of collective commercial construction land into the market,it is very urgent to establish and improve a more complete and scientific collective commercial construction land allocation system.First of all,it is necessary to improve the main body participating in the distribution of income.The law should stipulate the subjects participating in the distribution of income and formulate scientific standards for the identification of collective membership rights.Second,we must improve the object of income distribution.Clarify the types of income that can be distributed and set uniform standards.Again,it is necessary to improve the rules of income distribution.In order to effectively protect the rights and interests of collective members,the decision-making procedures and supervision procedures of market entry income should be regulated at the legislative level.Collective members exercise villager autonomy within the scope permitted by law,which can not only effectively guarantee their exercise of membership rights,but also fully respect their rights of democratic self-government.Finally,it is necessary to improve the relief means of income distribution.A sound and systematic relief system is the last line of defense to ensure that collective members enjoy the distribution of income.Only a comprehensive redress system can fully protect the legitimate rights and interests of collective members and allow them to share the fruits of reform and development,which is the purpose of this market reform. |
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