The Study Of Legal Issues On China’s Rural Collective Commercial Construction Land Entering Market

Gradually the urban-rural dual structure is eliminated, our country socialist market economy further is improved, constantly promoting urban and rural integration, led to unprecedented demand for construction land in our country, puts forward higher requirements on land resource optimal allocation. However, rural collective commercial construction land entering construction land market is not legal permission and protection, on the contrary, rural collective commercial construction land entering market has a lot of restrictions, as a result, it does not alleviate the current our country’s construction land supply pressure, instead, hit the enthusiasm of the broad masses of rural developing economy. Thus, the Third Plenary Session of the Party’s eighteen "Eighteen Third Plenary Session of the decision on deepening reform of the overall number of major issues"(hereinafter referred to as the "Decision")defined the goal of land reform, one of which is to establish a unified urban and rural construction land market, pointed out: "in conformity with the planning and control purposes, allow rural collective commercial construction land transfer, leasing, equity,and the implementation the same market,the same right t,the same price of state-owned land." This indicates that the long-term closed collective construction land market will be open, and the division between urban and rural areas, rural land through the national tax into urban construction land can enter the market circulation of land system "unreasonable situation will be improved effectively." Decision"pointed out rural collective commercial construction land entering market just is the policy level to make guidance, how to implement this policy, making it get specific,actionable security laws and regulations, we need legal researchers put the problem with scientific refinement, and based on practical experience, give theoretical achievements in law of rural collective commercial construction land entering market.Thesis is divided into six chapters:The first chapter is the introduction, the paper pointed out the problems to be studied and described the scholars research survey of rural collective commercial construction land entering market.The second chapter rural collective commercial construction land entering market overview, the first introduced the background of rural collective commercial construction land entering market legal issues, pointed out the social and material living conditions, urban and rural dual structure, urbanization and urban-ruralintegration was the background of legal problem, also analyzed the influences which not reasonable use of current land expropriation system to rural collective commercial construction land entering market. The second made clear the concepts of rural collective commercial construction land entering market, from two aspects of connotation and denotation to define what is rural collective commercial construction land entering market. About the legal meaning of the "market" also did. Clear related concepts are the basis and premise to research the legal issues of rural collective commercial construction land entering market.The third chapter described the legal principle of rural collective commercial construction land entering market, and outlined scholars disputed property, analyzed the usufructuary property of rural collective commercial construction land use rights.The forth chapter focused on the legal obstacles to rural collective commercial construction land entering market, including ownership is unclear, rights body is too narrow, limited capabilities, limitations on market and hinder legal land expropriation system, these laws barriers make rural collective commercial construction land entering market heavy shackles.The fifth chapter on the basis of the fifth chapter, in order to overcome rural collective commercial construction land entering market in legal obstacles put forward the countermeasures and suggestions, pointed out legal system idea for rural collective commercial construction land entering market smoothly, especially for entering the market of the methods, procedures, time limit, eliminate the way and how income distribution were discussed, in order to promote rural collective commercial construction land entering market smoothly in the framework of legal.The sixth chapter to summarize the full text, pointed out rural collective commercial construction land entering market policy support is not enough, must also innovation related legal system, making rural collective commercial construction land entering market in legal cases.