Study On The Legal Regulation Of Rental Housing In Collective Construction Land

At present,the main ways of using rural collective construction land are self-built houses by villagers,non-agricultural construction by collective economic organizations and individual farmers,entering the land market through expropriation of state-owned land or supplementing urban construction land by increasing or decreasing links.Compared with state-owned construction land,collective construction land has smaller usable scope,incomplete power and lower land value.The reform of rental housing by using collective construction land is an important way to give full play to the rights and functions of collective construction land and improve land income.The pilot reform began in 2003.Beijing and Shanghai used collective construction land to provide rental housing for migrant workers.In 2012,they began to use rural collective construction land to build public rental housing.In 2014,China implemented the reform of rural collective property rights system.In 2015,China formally proposed the reform of "three plots" of collective operating construction land,housing land system and rural land expropriation.In 2017,a pilot project of building rental housing with collective construction land was launched in 13 cities,which is closely related to the reform of "three plots of land" and consistent with the purpose of property rights system reform.Using rural collective construction land to build rental housing can expand the use of collective construction land,promote the construction of collective construction land market,increase the supply of real estate,and promote the realization of "rent-purchase,rent-purchase and the same right".In the pilot project,the legal procedures for project operation have been formed,relevant policies and regulations have been formulated,and the integration of rental housing construction with local economic and social development has achieved preliminary results.However,we need to further improve the rights and functions of collective construction land in law,clarify the rights and obligations of the project implementation subjects,establish the operation supervision mechanism of collective construction land rental housing,form the rent benefit distribution system,and do a good job of land security for rental housing construction.Through improving the law and system,we will promote the use of collective construction land to build rental housing for better and faster development.