Research On The Legal Issues Of Targeted Land Transfer In The Transformation Of "urban Villages

“Village in the city”is the result of social and economic problems in the process of China’s reform and opening-up.The crux of the problem lies in the contradiction between urban and rural dual structure,the contradiction between public interest and individual demand interest,the contradiction between government and developer interest distribution,and the contradiction between fairness and efficiency.China is now facing a strategic opportunity period of great economic development and transformation.Promoting urbanization is the inevitable choice for China to become a powerful country,the only way to improve China ’ s comprehensive strength and national competitiveness,and to promote the transformation of“Villages in cities”,is of great significance at the present time.There are two typical characteristics in the directional land transfer mode under the “Village in the city”transformation mode,one is the directional land transfer mode,the other is the proportion of the return of land transfer funds.The collective assets and the intended cooperative units shall set up enterprises to undertake the transformation and development projects of“Villages in the city”,the Enterprise will undertake the construction of public construction facilities,advance the cost of land reserve,and complete and deliver the construction of resettlement houses.In addition to its obligations,the joint venture will also acquire the Land tenure through a targeted land transfer.At the same time,enterprises in which collective capital participates as the main body of development also mean that the government faces multiple roles in the process of “Village in the city ”transformation,that is,the supervisor is both the trading party and the participant,and holds its own role positioning well,through the construction of the mechanism to supervise the“Village in the city”transformation of the land transaction problem has become increasingly prominent.Finally,because of its own limitations,the method of land listing and directional transfer conflicts with the Square Deal principle of land transfer,and the boundary of the government ’ s own supervision and responsibility for its own performance is vague,there is an urgent need to clarify the responsibilities and obligations of government departments,the boundaries of government power,and form a mature system of “Village in city”transformation model.Based on the case study of the urban village in Baoshan District,this paper discusses the legal issues of the government in the land transfer.The First Chapter Discusses The concept,orientation and scope of application of the method of Directional remising on the basis of analyzing the related concepts of“Village in the city”reconstruction.The second chapter focuses on the legal issues of the preliminary agreement on the land reconstruction of “Villages in the city”.First of all,the legal nature of“Village in City”reconstruction land prophase agreement is not clear,and the legal nature is vague.Secondly,the terms of the agreement cover the relevant contents of the three links of land transfer,reserve and development.Although some of the contents of the executive power are involved,the agreement itself was concluded on the basis of the principle of equality and mutual benefit,whether it belongs to the category of civil contract is in dispute.Finally,the signing subject of the agreement is the grass-roots township Government of the People’s Republic of China as party a,but the link of land collection and storage,and the link of land transfer is not implemented by the grass-roots Government of the People ’ s Republic of China(township),it is carried out by the Department of the Land Reserve Center under the Municipal Government of the People’s Republic of China,so the terms of the land acquisition,storage and transfer involved in the pre-sale agreement clearly exceed the authority of the grassroots Government of the People’s Republic of China.The third chapter will analyze the role and function of the government in the mode of land transfer under the “Village in the city”transformation.In the process of land transfer,the government is involved in three roles: Firstly,the government is the land transferor;secondly,because of the participation of collective capital,as the main body of the development of the land transferor,in fact,it also has the background of the government;and finally,the government is the supervising party in the whole process of land transfer.In the tripartite relationship of land transfer,the government has a dominant influence.In the fulfillment of Rights and obligations,whether the government can achieve fairness and justice,balance tripartite relations,balance the interests of several parties will become an important issue.The Fourth Chapter will discuss the construction of the Square Deal mechanism of the land transfer under the “Village-in-city”reconstruction mode.On the premise of land listing and directional transfer,the land bidder is only suitable for one enterprise to participate in the bidding.The process itself has the problem of lacking market competition mechanism,and Land “Signboard”under the transfer of the Square Deal principle.In short,the transformation of “Villages in cities”is a complex urban problem.The essence of the problem is actually the entanglement of multiple interests of the government,villagers and developers,coupled with the transformation of the way the government assumes social responsibility for the transformation of “ Villages in cities”,through the preparation of the pre-land agreement will be the original land of disorder,chaos to explore a more efficient way to completely solve the problem.However,in the context of efficiency,the realization of equity has become the opposite,so the coordination of equity and efficiency is the main contradiction of the way of land transfer.