The Land Law Research on the Reform of Urban Village
|Southwest University of Political Science
|Civil and Commercial Law
|urban-village Collectivity-land Collective the collective ownership landshifting to state ownership
Along with the overall process of urbanization in our country, the problem ofvillage-in-city under the urban and rural has been revealed. The whole society focuses on theproblem.No matter the government or the scholars have invested much time and energy onit,they all want to find the way to solve the problem.In all the research results,the scholarsagree with the opinion that it was the system of the urban and rural which leads the problem.China’s land is divided into state-owned of urban land and collective land in rural. Althoughthe village-in-city is in the scope of city land, but the nature of the land is collective land.Because the two completely different operating rules of the land market are co-exist in thestate-owned land market, also they are all in the scope of village-in-city. It is not only themain reason which leads the problem of the village-in-city, but also Impacts the orderlymarket of China’s state-owned land.The core elements of the collective land is protecting thebasic survival of the villagers with the crop production on land., but it does not have the coreelements, it Is different from the traditional sense of the collective land. If we want to find theway, we should solve the problem. The article clearly puts forward the view that we need toreach the transform target and choose the way of nationalization of the collective land throughthe introduction the concept of village-in-city, the formation process, the legal issues,comparing some typical city modes in the practice and theoretical exploration. After that, thearticle discusses the legitimacy basis of nationalization of collective land. Except that, we alsoshould pay attention to some problems.The first part introduces the form process of village-in-city and the legal problem which itfaces. This part introduces the concept, the form process, the legal problem of the "urbanvillages". Then we clearly have the conclusion that the village-in-city needs rehabilitation.Because the scholars study in different angle, there has a different classification for the typeof urban villages. The urban village in the article is in the city, within any arable land, but itstill retains the management system of rural villages. The crux of the problem is the landsystem of urban and rural which leads the transformation difficulties.The second part is the practice and theory exploration of the village-in-city. First thissection describes three typical transformation models in some China’s cities: the mode ofGuangzhou, Zuhai, Shenzhen. There has a comparative analysis of the three models in applypremise, strengths and weaknesses. Second, it discusses the relevant laws of our country. Expropriating the collective land is the sole legal procedures which can change the collectiveland into state-owned land. Of course, there has another way, such as retaining the collectiveownership of land within the urban village, finishing the transform through the governmentexecutive order. Under the basis, we have the conclusion that the modes in the city did notsolve the difficulties. They are not the most pervasive and effective modes.The third part is to solve the problem on the basis of the first two parts. The point of viewin this article is that: Nationalize the collective land in the urban village. First, it is necessaryto transfer the nature of collective land in urban village. Only after the collective land transfer,the law problem of land in urban village can be resolved. Second, contrast the acquisition ofcollective land and the nationalization. Discourse the basis of the collective land innationalization. It is not only consistent with the Constitution, the nationalization of collectiveland can protect China’s state-owned land market.Collective land nationalization is the mosteffective and universal mode to transform the urban village. Also, we should also payattention to some problems, such as the principle of classification disposal, the farmers’ socialsecurity, the work of Ideological and public opinion before nationalization in urban village.