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The Legal Issues Research Of Marketization Of The Usufruct Of Rural Collective Construction Land

Posted on:2019-09-05Degree:MasterType:Thesis
Country:ChinaCandidate:J YaoFull Text:PDF
GTID:2416330545978602Subject:Science of Law
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With the acceleration of the process of urbanization in our country,the demand for land around the country has increased,the existing stock of land for construction has led to imbalance between supply and demand in the land market.But there is a lot of idle land in rural areas,the lowness of land utilization ratio is pretty grave.Our country gradually liberalized the legal restrictions on the land for collective construction.,then developed the experimental work of Using Rights Transferring on rural collective construction land.Achieve the goal of deepening land reform and narrowing the gap between urban and rural areas.The central government decided to postpone the experimental work for one year.This year is a crucial year for experimental work.There are many legal problems in theory and practice to legal perfection.How to avoid the legal risks of collective land entering the market and the social sharing of land reform achievements have become the focus of academic research.The premise of this paper’s research into the legal issues of entering the market is the accurate recognition of legal concepts related to collective land: the scope of the collective construction land.The collective public value operational construction and the legal right of the collective use of construction land use rights were limited.;the right to operate agricultural land The contracting powers are independently owned by different economic entities and provide legal support for the study of collective land entry issues.The law understands the history of Chinese land legal system and understands the frontiers of relevant policies for entering the market.Selecting Zezhou of Shanxi Province and Pidu District of Chengdu City as typical cases of pilot market analysis,Analyze their experience and inadequacies based on the operational mechanism of the market and the results of pilot reforms,and clarify the phenomenon-level issues of the market entry mechanism.In order to effectively control the legal risk of collective non-profit construction sites entering the market and remove legal barriers to entry into the market,The author from the aspects of imperfect current laws and regulations,incomplete land planning for integration into the market,imperfect income mechanism,excessive public power of local governments,lack of market trading management mechanisms,and lack of legal dispute resolution mechanisms,etc.Explain the legal obstacles and obstacles to the implementation of collective construction land for construction.Through a large number of case studies and analyses,based on the studyof the operating mechanism of construction land markets,the legal issues concerning the entry of collective use land for construction use rights into the city are discussed.This article puts forward relevant legal advice,namely,establish a legal rules system,improve the current land property rights system,land acquisition system linkage,strengthen land use planning,establish a market trading management platform,explore reasonable market distribution system and social security system,aiming at safeguarding the rights and interests of participating parties and constructing land market orderly operation.Promote the revision of the "Land Administration Law Amendment," and provide legal soil suitable for the reform of collective land in the country,accelerate the process of collective land reform,and develop the scale of urban and rural economies.
Keywords/Search Tags:rural collective construction land, marketization, legal issues
PDF Full Text Request
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