Problems and Countermeasures in the circulation of rural collective construction land use rights
|School||Central South University|
|Keywords||the contracted management of land collective construction landuse rights rural land use right transfer of land use right|
With the deepening of China’s reform and opening up30years of land management, the state-owned land market circulation of comprehensive development and stability. Rural collective construction land use right transfer of work management has been a bit confusing, despite the laws and regulations have very clear stringent requirements, but along with the rapid economic and social development has been very suited to the current needs of the community, on the transfer of rural collective construction land use rights research relative lack of, can not meet the actual situation of the rural. Liberalization of collective construction land use right transfer restrictions in the current legal level, to meet the needs of social development, protection of the country of18million mu of arable land red line, promotion of collective construction land intensive use and lawful use. The establishment of a unified and standardized collective construction land use right transfer system, the requirements of the times, the development of socialist market economic system. How perfect guide rural collective construction land use right transfer virtuous circle, also related to the people’s livelihood and sustainable economic and social development.Combination of Changde City instance analysis, collective construction land use rights transfer of the main form including:premises at the same time trading premises be rented, the homestead open space trading and mortgage financing. The actual effect of the circulation mainly in the following four aspects:First, to circumvent the legal act more; judicial adjudication procedures difficult; disposal of idle land difficult; trigger frequent social conflicts.China’s current rural collective construction land use rights transfer in the policy and regulations on obvious lag, mainly is the laws and regulations conflict, related right content inequality and property relations very fuzzy, etc.; Rural collective construction land use rights transfer of income distribution is not reasonable, one is the government income ratio is too high, and the second is interest distribution relationship between the fuzzy, three is caused by loss of interest in private transactions; Rural collective construction land use rights transfer management work more chaos, including land examination and approval procedures are not perfect, the land utilization management has the difficulty, market regulation and control management is not in place. Land price management is quite short and land planning relative lag, etc.Through the analysis of the problems, there are three main countermeasures to solve the existing problems of collective construction land use right transfer, first, to establish the legal status of the rural collective construction land use right transfer; perfect rural collective construction land use right transfer the adjustment mechanism through six to create a unified market management system; Third, the establishment of rural collective construction land use right transfer intermediaries, information platform for the land transfer and promote efficient collective construction land open and just manner.