Legal Dilemma And Countermeasures For The Circulation Of Collective Commercial Construction Land In Urban Planning Areas

Regarding the transfer of collective commercial construction land into the market,the part in the urban planning area is eye-catching and controversial.The article finds the legal problems that plague the practice from the Jinjiang pilot,and then puts forward legal countermeasures on the basis of analyzing the disputes in the academic circles.The article is divided into an introduction,the main thesis and the conclusion.The introduction includes the research review,etc.The conclusion summarizes the viewpoints.The thesis consists of three chapters.Chapter one: The article finds through research that the 1982 Constitution’s urban land nationalization clause restricts the transfer of land into the market,the exercise of use rights and powers is restricted,and the value-added income distribution policy is unreasonable.These are the three major legal problems that plague practice.Chapter Two: First,the article analyzes and evaluates the five mainstream interpretation schemes of the urban land nationalization clause of the 1982 Constitution,and believes that the ownership qualification theory satisfies the literal interpretation,purpose interpretation and system interpretation at the same time.The reform request has been responded to,which is worthy of recognition;secondly,the article analyzes the three practical modes of direct expropriation,transfer of rights but not interests and keep rights&interests in urban planning areas derived from theoretical disputes,and believes that the mode of keep rights&interests in urban planning areas can effectively It relieves the tension between the provisions of the 1982 Constitution on the nationalization of urban land and Article 10(3),and Article 33(3),and satisfies the reform requirements for the overall restoration of rights and empowerment of collective commercial construction land.Chapter Three: The article discusses two specific legal issues under the mode of guaranteeing rights and interests in urban planning areas.First,the article points out that the first half of Article 9 of the "Urban Real Estate Management Law" directly restricts or even prohibits the exercise of the right to use collective commercial construction land in urban planning areas.The proviso in the second half is inconsistent with Article 63,paragraphs 3and 4 of the Land Administration Law and Article 361 of the Civil Code.It is suggested to delete Article 9 of the Urban Real Estate Management Law,allowing the right to use collective commercial construction land in urban planning areas to directly apply to Article 63,paragraphs 3 and 4 of the Land Management Law.Secondly,the article points out that for the distribution between the government and farmers’ collectives,the current form of value-added income adjustment funds does not take into account the urban-rural gap in land prices,which leads to the widening of the income gap between farmers’ collectives inside and outside the urban planning area.Land value-added tax should be used instead of income adjustment funds;for the distribution between rural collective economic organization and farmers’ individuals,the state has insufficient supply in terms of legal norms,and the practice of pilot projects in various places is not uniform.The state should,in the form of "guidance",suggest that farmers’ collectives replace other distribution models with equity allocation,hand over all the value-added income to the village collectives for management,then establish a joint-stock economic cooperative composed of individual shares and collective shares.Individual shares are used for dividends and labor security to collective members,and collective shares are used for public development.