Research On The Reform Of Land Property Right In The New Type Of Rural Community Construction At Henan Province

The differences of dualism between urban and rural are continuously becomes widen during the development in Henan province for a long time. In order to solve this problem, Henan province puts forward the route of the construction of new rural communities. Through the construction of the new rural community, it is to solve the land shortage issue during the development of the industrialization and urbanization, and also to meet the funding needs of agricultural modernization. According to the different area of mountain, plain and suburbanite., the new type of rural communities construction through the merger of villages, can form communities with roughly three to five thousand or above of people, from which, the average land saving rate of more than50%can be reached. The saved land, besides reserving for the purpose of community development, can be converted to land index and put on the market. The profits are returned to the community for housing construction and infrastructure,etc., and therefore, improve the farmer’s gain from the land increment, and protect the farmer interests. But the current land property system in China has been unable to meet the needs of the rural development under the new situation, the vast differences of dualism between urban and rural area, the vague of main body of the property right, the absence of power of the property right, and many other issues emerged, which seriously restricts the land usage in the construction of new rural communities.In this paper, the author, on the basis of previous studies, summarized the patterns of the source and usage of the land in the new rural community construction in Henan Province, discussed the property rights that is involved. We can obtain lands through the consolidation of cultivated land, housing land, and other idle collective land, and then use these lands through the following modes:1.the land index trading mode, including land index linking mode and the land index auction mode;2.the land cooperative mode, including leasing mode and cooperation investment mode. From the system level, the policy level and operational level, the author discussed the land usage issue in the construction of new rural communities, and then explored the cause of the land usage issue through the analysis of the land property rights and interests, and then analyzed the every game players involved in the land usage, therefore, the instructive conclusions about system reform are drawn. In addition, the author, based on the rural land property right change and domestic representative about the experience of land property rights reform, gets some inspiration, and, in view of the existing theoretical and realistic issues during the reform of the land property rights system in Henan new rural community, providesa reform framework of land property rights, which includes:1.the collective construction land property right reform;2.the rural housing land property right reform;3.the farmer leasing land property rights reform. Finally, the author gives the operable and feasible measures about land property rights in the new rural community construction. The purpose of analyzing the reform the land property rights in the new rural community construction in Henan province is to promote the interaction of urban-rural elements, and protect the farmers’interests, therefore, several specific measures are provided:1.setting up a unified urban and rural land transaction platform across the province;2. establishing land increment benefit distribution system;3.cultivating professional cooperative organization;4.cultivating the land property right transaction intermediary organization;5.establishing land index benchmark price system.The innovation of this article is:1.to analyze the issue of property rights in the two major land usage patterns of land index trading patterns and land cooperatives;2.to innovate a land index benchmark price framework, the pricing is based on the new rural community construction cost and the new rural community impact of price factors.