Research On The Collective Management Land For Construction Right Of Use Circulation

Since the reform and opening up the rapid development of market economy,urbanization has been advancing, the increasingly strong demand for construction land, the existing urban construction land reserve is insufficient, can’t meet the demand of urbanization, and has a high demand on rural collective construction land. In this context,the third plenary session of the 18 to make "the central committee of the communist party of China on comprehensively deepen reform certain major issue decision"(hereinafter referred to as the "decision"), is put forward to establish a unified urban and rural construction land market, rural collective business(hereinafter referred to as the collective)profit-oriented land and construction land right of state-owned land equivalent in the market, with the same price. The move to promote national integration in urban and rural areas, improve the existing land system, improve the utilization of land resources, and promote social justice has important strategic significance. However, can be directly transfer of only in the "decision" put forward, no specific flow program reference standard.Practice is presented in the huge market demand and interests, driven by stealth circulation market already widespread, because of the lack of legal regulation, order in the chaos phenomenon in the process of circulation. Therefore the urgent task is to build a collective productive land circulation system as soon as possible, provide effective system supply for right circulation, the circulation of specification and realize the equal protection of property rights, to establish a unified construction land market as soon as possible.Besides the introduction and conclusion, this article includes four parts, the main contents are as follows:The first part: summary of collective productive land use rights transfer. First in the understanding of the "decision" about allow on the basis of right to rural land circulation policy, on collective business, property analysis of the concept of the right to use construction land, and introduces the theory of transfer, analyzed the current farmland rights circulation situation and system of the status quo, as discussed below.The second part: the theoretical basis of collective productive land circulation analysis.Current research in view of the collective construction land circulation many didn’t have on the deep analysis in theory level, easy to make research on surface, the conclusion will be a lack of theoretical depth, can not fundamentally solve the problem of collective construction land stealth circulation. This chapter in the process of land rights circulation phenomenon contains legal reasons and all kinds of problems such as carried on the thorough analysis of the theoretical basis, from two dimensions of sociology and economics, thus to put forward the constructive Suggestions for the construction of related systems.The third part: collective productive land use rights transfer of empirical research.This chapter through to the Anhui Wuhu, Suzhou, Jiangsu, Guangdong south China sea circulation of the three pilot areas in practice experience and the analysis of existing problems, the summary, which focuses on practice, for the construction of the circulation system and provide practical advice, accelerate urban and rural integration process.The fourth part: build collective business related Suggestions in the system of land circulation. Promote collective productive land use rights transfer in accordance with the law, is a comprehensive promote land reform, change a thinking, and promote the urbanization process of the inevitable requirement, also is the collective land ownership and state ownership of land the inherent requirement of "with the right of isomorphism",has important practical significance. However, in the face of the land market demand is growing, the our country present law reflects the hysteresis, unable to meet the demand of land circulation system. This chapter in the theoretical circle of land circulation problems existing research results, on the basis of combining the pilot areas of flow experience and common problems, from three aspects of collective productive land circulation system construction Suggestions: changes with the current law system and the circulation process rules system construction and the improvement of related supporting system.