Research On The Risk Prevention Legal System Of The Marketilization Of Commercial Collective Construction Land

Themarketilization of commercial collective construction landis a major reform initiatives proposed by the Third Plenary Session of Eighteenth Central Committee. As a new reform, the marketilization of commercial collective construction land faces many practical barriers: unclear property rights system, incomplete market mechanism, lack of regulatory mechanism,unreasonableincome distribution, etc. It is easily to produce a variety of risks in these disorders, for example the risk of damage to the interests of farmers, land management market confusion risk, environmental damage risks, which is the originator of this study. These risks could jeopardize the entire rural land reform, even rural economic development, so it isnecessary to establish the marketilization of commercial collective construction land risk prevention legal system. This paper uses the risk prevention theory to study the risk prevention legal system construction problems of the marketilization of commercial collective construction land, and gradually examines and analyzes the risks of the market will lead to, digs deeper causes of these risks generated, establishes a comprehensive legal risk prevention system for commercial collective construction land, from the beginning to curb the risk to prevent and avoid reform off track.In addition to the introduction and conclusion, this study is divided into five chapters:The first section introduces the general theory of the marketilization of commercial collective construction land risk prevention.This section describes two aspects:The first is to define the related concepts, the scope of commercial collectiveconstruction land, the concept of the market will be defined,and risks as well as the meaning of risk prevention are outlined briefly;the second is the basic theoryof risk prevention,this part mainly from the theoretical foundation of law and economic theory both the theoretical system of commercial collective construction land to support risk prevention system.The second part is themarketilization of commercial collective construction land risk analysis.First, from a risk point of view to bear body,the main risks of themarketilization of commercial collective construction land has generated is the risk of damage to the interests of farmers, the risk of reducing government revenue, land management market confusion risk, the risk of loss of arable land, environmental damage risks, etc.Further analysis concluded: the uncertainty of the land system should be attributed to the root cause of the risk, the conflict of interests of all stakeholders is the direct cause.The third part introduces the market experience of collective commercial construction land typical operating pilot areas. By Kunshan, Nanhai, Daxing three typical Region, the study summed up the collective commercial construction land market can learn from the experience, and the need for lessons learned, for the collective commercial construction land to build risk prevention legal system to provide a reference.The fourth part is the legal system of themarketilization of commercial collective construction land operational risk prevention construction,it is the key chapter of this study.Firstly, it points out that clear property rights is a prerequisite for themarketilization of commercial collective construction land risk prevention legal system construction;Then from previous monitoring, a matter of norms, after the relief three angles, it constructs collective commercial construction land market legal system of risk prevention, a matter of specification is an important part of risk prevention system construction among them.The fifth part is to build themarketilization of commercial collective construction land risk prevention legal support system. In order to themarketilization of commercial collective construction land risk prevention legal system running smoothly, it must establish a series of supporting systems, such as integration mechanism balance among the interests of a conflict of interest, reducing the scope of land acquisition and collective commercial construction land convergence mechanism.The establishment of these systems makes the collective management of construction land market risk prevention system more perfect, more comprehensive range of risk prevention, to run more in place.