Research On The Legal Problem Of Income Distribution Of Rural Collective Commercial Construction Land

Since 2019,the new revision of the revised land administration law,the rural collective operational construction land can directly into the market circulation,marks the rural collective operational construction land officially into the comprehensive market stage,rural collective land change past second-class citizens,without through the market into state-owned land,enjoy the same access of state-owned land,within the scope of the law can be directly into the market.In the process of entering rural collective land into the market,the income distribution of land is the most important link.Balthe income distribution between various subjects is not only related to the construction of rural collective management The stable operation of the land market system also affects the realization of rural revitalization.Only by dealing with the income distribution of land market,can the system of rural collective land for commercial construction market go more stable,longer and further.According to the practical experience of the rural collective commercial construction land in the market,the rural collective land after the market income distribution mainly exist the following five aspects: in the distribution of the main body,there are involved in the distribution of local government level chaos,the rural collective members of the unfair distribution and the unreasonable distribution between the main body.In terms of distribution proportion,there are many problems such as the adjustment funds of local governments.In terms of the distribution procedure,there are some problems such as lack of democracy in collective internal decision-making and lack of due supervision over the distribution process.In the aspect of distribution and retention,there are some problems such as the lack of rural collective retention rules and the unreasonable use of the retention funds.In the aspect of distribution relief,there are some problems such as the lack of relief mechanism for income distribution disputes.In view of the problems exposed in the above practice,from the perspective of taking into account the state,collective and farmers,following the principle of fairness and efficiency,in the aspect of main body,it is proposed that the county level government is the appropriate subject to participate in income distribution,establish a fair and just internal distribution mechanism and optimize the distribution ratio among various subjects.In In terms of distribution proportion,it is proposed to reduce the proportion of government participation in distribution and standardize the local adjustment fund system.In terms of the allocation procedure,it is proposed to construct the missing democratic procedure and supervision procedure.In terms of distribution and retention,the establishment of retention rules and the overall management of township governments.In the aspect of distributing relief,we propose reconciliation,mediation and improve the judicial relief mechanism.