Study On The Use Right Of Rural Collective Construction Land To Enter The Market

In recent years,with the continuous development of industrialization and urbanization,the use area of state-owned construction land is increasingly tense,and the value of rural collective construction land is increasingly prominent.Many areas begin to put a large number of rural collective construction land into the market,and the invisible circulation of rural collective construction land is increasingly active.In order to ensure the orderly development of the construction land market and to realize the effective combination and optimal allocation of urban and rural dual land,the state began to gradually carry out the transfer of rural collective operational construction land into the market.With the help of the practice and exploration of the right to use the rural collective construction land into the market,this paper intends to carry on the theoretical level.In order to promote the deep development of the market and to promote the establishment of the unified construction land market in urban and rural areas,some suggestions are put forward for the construction of urban and rural areas.Apart from the introduction and conclusion,the main body of this paper has four parts:The first part is a summary of the right to use rural collective construction land.This chapter is divided into two parts respectively to discuss the basic concepts and attributes of the rural collective construction land use right and the rural collective management construction land use right to enter the market.First of all,this part elaborates and analyzes the connotation and attribute of the right to use the rural collective construction land,with the help of the right acquisition,the right subject,The object of the right and the content of the right to clarify the basic connotation of the rural collective management of the right to use the construction land;Secondly,with the help of the existing law,the author analyzes the right of use of state-owned construction land which belongs to usufruct.Further elaborated the rural collective management construction land use right as the usufruct property right compliance;thirdly,from the market main body,the content and the object three aspects to the rural collective management construction land use right to enter the market the meaning to carry on the explanation to the countryside collective management construction land use right to enter the market;Finally,it points out the basic way of entering the market for the first time and re-entering the market.The second part is the background and significance of the right to use rural collective construction land.This part is divided into two aspects:the background of entering the market and the meaning of entering the market.In the background of entering the market,it is explained from the legislative background and the policy background,from the limitation of the laws in the legislation to the loosening and support of the policy.It can be seen that the rural collective management of the right to use land for construction has been in the benign direction of development;In terms of the significance of entering the market,combined with the background of entering the market and the practice of entering the market,it is concluded that the entry of the right to use the rural collective operational construction land is conducive to promoting the construction of urban and rural integration,promoting the development of the market economy and enriching the construction land.The conclusion of the attribute of the civil right of the right to use.The third part is the practice situation of the rural collective construction land use right to enter the market.Firstly,combined with the practical experience of Wuhu,Chongqing,Shanghai and Nanhai in Guangdong Province,this paper points out the gains and losses,advantages and disadvantages of each region in the practice of entering the market,and sums up the existing problems and advanced experiences.Secondly,under the background of lack of legal regulation,this paper summarizes and analyzes the problems existing in each region,and makes clear the causes of the problems,and the existing problems are as follows:the definition of the subject of property rights is not clear,and the main problems are:the definition of property right subject is not clear;Non-standard land planning and registration,unreasonable income distribution into the market and no social security for landless farmers,etc.The fourth part is the construction of the rural collective construction land use right into the market system.The main content of this part is to solve the problems in practice,so as to put forward some feasible suggestions for the construction of market entry system.It mainly includes the construction of legal personalization of the subject of rural collective land ownership,the perfection of land planning and registration system,the establishment of market entry rule system and income distribution mechanism,and the improvement of rural social security system.On the basis of the practical experience of rural collective construction land use right entering the market,the prominent problems encountered in the practice are found and summarized,and the corresponding countermeasures are put forward.This is not only for the establishment of a unified urban and rural construction land market,but also for the establishment of a unified urban and rural construction land market.It is of great practical significance to make up for the shortage of state-owned construction land and to increase peasants' property income.It is also of great theoretical reference value to guide the revision and perfection of current laws and regulations as well as to formulate new laws and regulations.