The Perfection Of Legal System Research On Rural Collective Construction Land Market

Development of human society is inseparable from the land, the land is the lifeblood of anation, the people simply to settle down. To this end, the development of ancient times andforeign countries are cautious about the legal regulation of land. Our land is divided intostate-owned land and rural collective-owned land, Where rural land including homestead,operating construction sites and public welfare construction land. Correspondingly, China’sstate-owned construction land into construction land and rural collective construction land,Essentially no difference between the two, but there is a difference in the legal system, ruralcollective construction land use to achieve the same state-owned construction land is strictlylimited by law. Principles only after the country after its imposition into state-owned land,construction land transaction in order to enter the market, which is known as indirect ways toenter the market or known as front-end.However, with the rapid development of the socialistmarket economy, the establishment and improvement of the market economy system;Meanwhile, along with the rapid development of urban expansion and township enterprises,the increasing demand for land for construction, land characteristics as assets become moreapparent. Existing rural collective construction land laws regulating the distribution ofbenefits can not effectively solve the state, collective, among the villagers. First, in the presentstage of our development process, the existing state-owned collective construction land willnot meet the needs of construction and development, and the presence of a large number ofrural collective construction land forces as its subsequent development support development.Secondly, the state through the front-end with a collective way into state-owned constructionland, direct market, where a huge difference between the phenomenon of interest, promptingeveryone spontaneous collective construction land without permission disorderly conductcollective land circulation,"invisible market "formation, disrupting the land market, but alsoaffect land use and farmland protection. Again, setting off a nationwide pilot innovativeclimax some developed regions such as Guangdong, Zhejiang, their collective constructionland use rights market has been formed and maturing. Finally, the national policy in recentyears has gradually expanded the market for the collective construction land his arms, thethird plenary session of18proposed "to establish a unified urban and rural construction landmarket, under the premise that conform to the planning and use control, allowing ruralbusiness collective construction land transfer, lease, investment, implement equal tostate-owned land in the market, with the same price".Through the collection of data andliterature, clarifying the rural collective construction land circulation policy evolution, therelated laws and existing scholar’s research results, a clear definition of rural collective landland market definition, feasibility analysis of the current flow of the present situation and the reasons behind, and combined with the current local pilot. With reference to the state-ownedland market circulation system design is put forward, and finally puts forward Suggestions onrelated laws and regulations. Expect a unified construction land market can be completed assoon as possible, the rural collective and individuals can through the collective constructionland to achieve its property rights, rural collective construction land and land to achieve, atthe same place and the same power, the same price.