The Research On Legal Issues Of Rural Collective Commercial Construction Land Entering The Land Market

Since the third Plenary Session of the 17 th Central Committee of the Communist Party of China,the entering of the rural collective construction into the market has become the focus of attention of all walks of life.Especially,the decision made by the third Plenary Session of the 18 th Central Committee of the Communist Party of China,which clearly put forward the direction and goal of entering the market,so as to provide guidelines for us.And the Standing Committee of the National People's Congress authorized the decision of the pilot of the State Council,which make this decision put into practice.Land is not only the mother of the wealth,but also the foundation of the survival of the farmers.China's rural collective construction land reform has a long history.From the beginning of the 1990 s,China has begun to pilot exploration rural collective construction land transfer,the intention is to balance the interests of all parties,give farmers moreproperty rights,realize the integration of urban and rural development.Although the pilot has achieved some results,but did not fundamentally change the pattern of separation of urban and rural development in China.Instead,because of land system and related legal restrictions leads to the government's administrative monopoly on rural land.On the one hand,driven by interests,illegal expropriation of rural collective land,invisible transfer phenomenon is widespread.Therefore,rights and interests of rural collective and farmers cannot be guaranteed.On the other hand,restricted by the policies and regulations,there are some problems in the rural collective land,Including nontransparent property rights? unclear powers and functions and so on.These problems lead to rural collective land circulation is not smooth,which triggered a lot of social problems,therefore,widely criticized.With the reform of land system in our country,the rural collective commercial construction land enter the land market is regarded as a new breakthrough to solve these problems.It is based on the above understanding,this paper is in view of same market and equal rights and prices.First analyzes rural collective commercial construction land enter market Basic knowledge and related concepts.Second combs its current policy evolution and related laws and regulations,and summarizes the practice of the pilot areas and achievements and shortcomings.Finally,analyzes its existing problems,and puts forward the way to solve the problem.The author thinks thatrural collective commercial construction land with state-owned land can equal enter the market,have equal rights and prices are based on the theory that the market should be unified,the right to be equal,the price should be consistent.The realization of this goal will no doubt depend on a series of systems and laws to innovation and improvement.The researching object of this paper is rural collective commercial construction land which enter the market,and hopes to provide useful inspiration to the current system construction and regulations.