Improvement Of The Public Legal System For The Transfer Of Collectively-run Construction Land

Since the amendment to the Land Management Law in 2019 was passed,the reform of the system for the transfer of collectively-owned construction land into the market has entered a comprehensive implementation stage.In order to achieve the goal of a unified market for urban and rural construction land and promote the reform of the economic and political systems,it is necessary to From the perspective of public law,construct and improve the system for the transfer of collective business construction land into the market,promote the degree of coordination between public law and private law,the healthy operation of civil society and the political state,and realize the state and farmers' collectives,individuals,and public and private rights.Rationalization of relations between rights.In addition to the introduction and conclusion,this article includes four parts:Part ?: Overview of the transfer of collectively-owned construction land.First,by grasping the two clues of the separation of land ownership and use rights,and the separation of urban and rural construction land markets,the historical development and changes of collective land circulation are traced back.Second,the related concepts of collective operation construction land circulation system are defined,and its connotation and nature are explained.Then analyze and discuss the public legal system in the current collective business construction land circulation system from the theoretical and practical basis of public legal system.The second part: the main problems and causes of the public regulatory system of collectively-owned construction land.Firstly,from the theoretical basis,from the three aspects of collective land registration,land use control and income distribution mechanism,the main issues of public law and regulation in the circulation of collectively-owned construction land are explained.Second,from the constitutional norms and political system,the development of socialist market economy,and history.Cultural and social mentality explain the reasons behind the problem.Part ?: Basic ideas and principles for improving the public legal system for the transfer of collectively-owned construction land.Firstly,the basic idea of perfecting the public legal system is to limit the social obligations of property rights and to follow the dualization of civil society and political states.Second,the two important basic principles to be followed to improve the public legal system are the principle of legal retention and The principle of proportionality.The fourth part: the specific path to improve the public regulatory system for the transfer of collectively-owned construction land.Aiming at the issue of public law and regulation in the current collective business construction land flow,according to the relevant basic ideas and basic principles,we put forward suggestions from three aspects: First,improve the collective land confirmation registration system,and the content,procedures and relief methods of registration Make detailed regulations;the second is to establish a scientific and democratic land and space planning system to enhance its democratic legitimacy;the third is to improve the distribution system of collective operating construction land transfer income,establish the state's participation in the distribution of tax forms,and Distribution is appropriately regulated.