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The Research Of Circulation Problem Of Collective Construction Land And Recommendations For Improvement

Posted on:2013-06-06Degree:MasterType:Thesis
Country:ChinaCandidate:L HuFull Text:PDF
GTID:2246330395988726Subject:Civil and Commercial Law
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The land is the important resource that the humanity depend on tosurvive and to developing.The land resources is limited,and the society iscontinues to develop,there has an contrandiction.How to make the limitedland resources play the greastest effectiveness is the scientificdevelopment cannot evasive promblem.China’s land executes issocialistic state ownership,which are national land ownership andcollective land ownership.Corresponding to the two kinds of system ofownership of state owned land and collectively-owned land,the law andpolicy regulation to execute distinction to treat.there is urban and ruralland “two element structure”. Along with the socialist market economicdevelopment and the urbanization and the industrialization steadily,this“two element structure”restricted to the collective land ownership and itsflow caused that in practice there are many problems andcontradictions.These problems are mainly the collective land ownershipand the right to use the main are vague,the right and power are restricted,the lack of the corresponding transfer market and effectiveregulatory guide. The consequence is that the circulation of collectiveland recessive,the farmer land rights and interests cannot be protectedeffectively.Solve these problems to need to collective land system reform.On the reform direction and measures of choice, the academic circles andthe practice of each district are discussed on that problem and get someexperience.The experience is that in use throughout the local regulationsand policies for collective land rights and transfer to confirm and guide.But because of local regulations and policy effectiveness and stability arenot capable of radically on collective land is on the move to regulate thisrequirement. Break urban and rural land" two element" still needs furtherefforts.The first part of this article mainly on the collective constructionland use right and ownership of the relevant research made brief summary.The second part of the collective construction land circulation relatedconcepts and history to do a paper. The third part mainly from thecirculation of collective construction land use right system related to ownership and proceed to analysis the present situation,and put forwardthe circulation of collective construction land the problem that exists incurrent situation.These problems are the collective land ownership anduse right subject confusion, collective land ownership and use rightpower restriction lead to hidden transfer, circulation of collectiveconstruction land circulation market leads to low efficiency and on thecirculation of collective construction land management and insufficientregulation lead to protect farmers’ interests and rights to the use of suchproblems.Then according to the existing problems and puts forward thecorresponding suggestions, finally the suggestions to perfect thefeasibility analysis to put forward at present practical suggestions.Firstly,from the aspect of law clear collective land ownership and the use rightsof subject and power content, at the same time on the collective land is onthe move make clear regulation.Then set up a unified urban and rural landmarket, and strengthen the government ’s guidance and supervision toensure the effective operation of land market.Finally, improve the ruralsocial security system in order to promote rural economic development and modernization.
Keywords/Search Tags:collective land, the transfer of the right to use, reform
PDF Full Text Request
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