The Legal Regulating Of The Theory Of Marketization Of Collective Construction Land Use Rights

Along with the speeding up of urbanization and industrialization, China’s urban and ruraldevelopment dropped in polarization of the embarrassing situation, and has intensified. Landresource is scarcity and indispensable resource to the human society development, wether wecan achieve optimal allocation of land resources, is directly related to the future society toachieve sustainable development. Centering on the use of land resources, the long-standingbinary system make the city land development bottlenecks, and the rural collective landrestricted by policy development lag, the flow status out of order. In terms of the circulationof the right to use construction land, urban land price soaring, di wang phenomenon iswidespread, collective construction land use rights transfer limited, under the interestpreference exposed the illegal collection, low standard of compensation and resettlement, landcontact and a series of problems, especially around the pilot model is differ, specificationlevels not neat, in urgent need of national guidelines or improve relevant laws and regulations.Land is the material basis for the survival and development, the economic interestsproduced by the development of the collective construction land use become an importantcontent of property rights for the farmers. How to improve the efficiency of land use, and togive farmers more property rights, promote the farmers’ income involves the vital interests ofthe broad masses of farmers, but also overall economic and social development. Theregulation of collective construction land use rights transfer market legislation, is the socialisturban and rural development as a whole and perfect market economy ought to be sexual. Inthe perspective of law, to explore the market of collective construction land problems, tellfrom the micro, can simplify examination and approval procedures, for the futuredevelopment, the use of collective construction land to provide legal way, to guard against therisk of improper operation, at the same time, make the collective land play its proper value,promote the optimal allocation of resources. From a macro sense, be conducive to theprotection of the equal state property and collective property, accelerate the development ofrural areas, realize the overall coordination between urban and rural areas, and promote thehealthy and orderly development of society as a whole, and gradually perfect the system ofsocialist market economy with Chinese characteristics. Results in this paper, in accordance with the logical train of thought of "put forward theproposition" to "problem analysis","problem solving" to make the specific analysis. Becausethe study closely related to current events, in reference to academic literature the researchprocess will keep political acumen, synchronicity, combine literature and policy both fully,adhere to the theory and the practice unifies.Integrated process of our development of collective construction land use rights andtheory of existing research results, to build system of rural collective construction land userights transfer flow of market economy, the advance the object of study is necessary. Thisconclusion embodies the spirit of ownership of the equal protection, conform to the principleof fairness and efficiency, and accorded with the objective requirement of the socialist marketeconomy. Therefore, on the basis of exploring the root cause, summarizes the existingresearch results, in terms of problem solving, distinguish between before and after the marketphase, respectively the legal regulating of the corresponding measures are put forward.Research and innovation points are mainly embodied in these aspects, such as control of landsource, pay attention to ecological effect, to improve the procedures of transfer agreement,standard flow subject positioning and profit distribution, etc. Research main content is dividedinto six parts (including the preface and epilogue), including general issues related with thecollective construction land use rights, the legislative status and practice evaluation, marketleading and the circulation of legal regulation, etc.Paper length, according to the national andschool requirements, control the main part is expected to30000words or so.The third plenary session of the17th in2008"the central committee of the communistparty of China on promoting rural reform and development of certain major issuedecision",gradually establish a unified urban and rural construction land market, according tolaw of rural collective construction land for commercial purposes must be unified tangibleland market, transfer of land use rights, in the form of public norms in conform to theplanning and state-owned land under the premise of equal rights and interests.201318by thethird plenary session of the central committee of the communist party of China about certainmajor issue decision "comprehensively deepen reform, is to improve the modern marketsystem, clearly put forward" to establish a unified urban and rural construction land market. Under the premise that conform to the planning and use control, allowing rural collectiveconstruction land transfer, lease, investment for commercial purposes and state-owned landequally in the market, with the same price." Fully implement the principle of equal protectionof property rights, restraint state from profits, change the present situation of unfair treatmentof state-owned and collective-owned property, personal property, especially in the aspect ofthe right to use construction land, realize the integration of urban and rural resources andfactors of production value, safeguard national share the fruits of reform and development,overcome the occupation and plunder to farmers’ economic rights and interests in the processof urbanization, industrialization in rural areas, solve the farmers’ long-term poverty causedby different property protection, the widening gap between urban and rural areas isincreasingly difficult problem, is the key of the future in the rural economic system reform, isalso the needs of the development of society as a whole, in the future may be all academicresearch as a starting point and destination.