Research On The Construction Of Real Right Norm Of Rural Collective Construction Land Use Right

The right to use rural collective construction land is a usufructuary right derived from rural collectively owned land,which plays an important role in promoting the development and utilization of rural land and promoting rural economic development.However,its property rights rules have been absent for a long time from the original "Property Law" to the current "Civil Code",and only appear in administrative laws and regulations such as the "Land Management Law",which is not conducive to the manifestation of the private nature of property rights and cannot provide property rights protection.Moreover,in the context of actively promoting the reform of rural collective land use rights such as commercial construction land and homestead,the lack of property rights norms in the civil private law system will weaken the effectiveness of the reform and weaken the protection of farmers’ collective rights and interests.Therefore,explore the construction of property rights rules for the use of rural collective construction land in the property rights section of the Civil Code,so that the use rights of construction land on state-owned and collective land are equally protected by civil property rights laws,thereby providing property rights normative support for invigorating the value of rural land resources,increasing farmers’ income,and providing assistance for the rural revitalization strategy and the realization of common prosperity.The first chapter of this article clarifies the concept of the right to use rural collective construction land,and defines its object as collective operating construction land,rural public welfare construction land,and homestead land;It is concluded that the object of its existence is rural land,with obvious characteristics of identity and limited power;And combing out the development process of this kind of property rights based on land policy.The second chapter examines the current rules on the right to use rural collective construction land in China from the perspective of civil property rights norms,and finds that there are drawbacks such as imperfect property rights norms,unreasonable ways of establishing rights,vague procedures for establishing rights,limited exercise of rights,and weak property rights protection.The third chapter explores the construction of a systematic property right specification for rural collective construction land use rights under the guidance of the concept of matching the practical results of reform,equal price and equal rights,and mutual aid between public and private laws.By incorporating it into the chapter on property rights for construction land use rights in the Civil Code,attributing it to the system of usufructuary rights,and expanding the connotation of "construction land use rights" in property rights,it will return to the scope of civil property rights adjustment;And establish unified rules for the change of property rights,the duration of property rights,and the renewal of property rights for the right to use construction land,so as to achieve the equal status of the real rights for the right to use construction land with different ownership;Respond to the differences in the use rights of collective construction land at the property level by clarifying the subject and voting method of the use rights of collective construction land,releasing restrictions on the exercise of the use rights of "incremental" collective operational construction land and homestead,and lifting the ban on rural land "not allowed to develop real estate",thereby improving its property rights rules.Chapter IV jumps out of the construction of property rights rules at the legislative level,and explores ways to improve the guarantee mechanism for the effective operation of property rights rules from the perspective of ensuring the implementation of property rights rules,including implementing the property rights agency mechanism,constructing a coordinated income distribution,improving the property rights registration mechanism,and optimizing the administrative management and service mechanism..