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On The Role Orientation Of Government In The Market Of Collect Ive Profit-oriented Construction Land

Posted on:2023-02-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y CaoFull Text:PDF
GTID:2556306623970619Subject:Law
Abstract/Summary:PDF Full Text Request
The reform of collective profit-oriented construction land is not only an important part of the reform of rural land system,but also a necessary measure to realize the strategy of Rural Revitalization.The policy of collective profit-oriented construction land entering the market is inseparable from the participation and support of local governments.The positioning of the government in the process of entering the market is related to whether the process of entering the market can be smoothly promoted.In the state-owned land market,the government is the overall leader of land development.However,the government regulation in the process of collective profit-oriented construction land entering the market should be consistent with the spontaneous allocation of market resources.From the perspective of public law,the government should not only maintain the "social order of functional differentiation",but also be disturbed by the social subsystem.In the past,the government had dislocation and offside absence in the process of land transfer,that is,the role orientation of regulators and traders was confused,excessive administrative intervention and inadequate supervision.It not only ignores the security function of land and the interests of farmers,but also seriously affects the process of urban and rural construction land market.Further analysis of the reasons for the government’s behavior can be concluded that the dilemma of the government’s collective profit-oriented construction land entering the market lies in the excessive dependence on land finance and the existing unreasonable performance appraisal system.This is also the key to fundamentally mobilize the government’s enthusiasm to promote market entry and correct positioning.Therefore,it is particularly important to reposition the role of the government.At the theoretical level,the role of the government is defined mainly according to the concepts of constitutional law and administrative law,including the principle of equality,the principle of proportion,the definition of public interest,and the theory of the relationship between the government and the market.At the practical level,because 33 pilot projects have relatively mature pilot experience,combined with the background of release,management and service reform,this paper analyzes the management methods of some pilot projects,and comes to the value orientation that the government should create a good business environment in the process of entering the market,give consideration to the principles of efficiency and fairness,and ensure that farmers’ rights and interests are not damaged on the basis of maximizing efficiency.Therefore,the government of entering the market of collective profit-oriented construction land should play the role of decision-maker,service provider and supervisor.The decision-making focuses on prior planning,including building a good market entry system environment,formulating the overall land use plan and confirming the right;The service focuses on in-process coordination,including the disclosure and transmission of information related to market entry,the improvement of market entry transaction support system,and the realization of departmental coordination and co governance;Supervision runs through the whole process of entering the market,realizes the whole life cycle management of the project,improves the performance evaluation mechanism,gets rid of land finance and avoids hidden circulation.
Keywords/Search Tags:Collective profit-oriented construction land, The role of government, Role dislocation, Role repositioning
PDF Full Text Request
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